§  90.1407   Spectrum use in the network.

   (a) Spectrum use. The Shared Wireless Broadband Network will operate
   using spectrum associated with the Upper 700 MHz D Block license in the
   758-763 MHz and 788-793 MHz bands and the Public Safety Broadband
   License in the adjacent 763-768 MHz and 793-798 MHz bands.

   (b) Access to spectrum in the 763-768 MHz and 793-798 MHz bands. The
   Public Safety Broadband Licensee which holds the Public Safety
   Broadband License, pursuant to part 90 rules, must lease the spectrum
   rights associated with this license, pursuant to a spectrum manager
   leasing arrangement set forth in part 1 subpart X, to the Upper 700 MHz
   D Block licensee and the Operating Company for the entire remaining
   term of the Public Safety Broadband License to effectuate the 700 MHz
   Public/Private Partnership. The Upper 700 MHz D Block licensee and the
   Operating Company, are the only entities that are eligible to lease the
   spectrum usage rights associated with the Public Safety Broadband
   License to operate on the 763-768 and 793-798 MHz bands. If the Upper
   700 MHz D Block license is cancelled, this spectrum leasing arrangement
   will automatically terminate.

   (c) Commercial operations in the 763-768 MHz and 793-798 MHz bands.
   Commercial operations in the 763-768 MHz and 793-798 MHz bands through
   the spectrum manager leasing arrangement shall not cause harmful
   interference to primary users ( i.e. , public safety users) and cannot
   claim protection from harmful interference from the primary public
   safety operations in the 763-768 MHz and 793-798 MHz bands. The network
   providing commercial operations in the 763-768 MHz and 793-798 MHz
   bands through the spectrum manager leasing arrangement must be designed
   to automatically assign priority to public safety users, to the
   exclusion and/or immediate preemption of any commercial use on a
   dynamic, real-time priority basis, and to guarantee that public safety
   users suffer no harmful interference or interruption or degradation of
   service due to commercial operations in the 763-768 MHz and 793-798 MHz
   bands.