Goto Section: 27.1310 | 27.1320 | Table of Contents
FCC 27.1315
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 27.1315 Establishment, execution, and application of the network sharing
agreement.
The following requirements and processes relate to the establishment,
execution, and application of the NSA:
(a) Approval of NSA as pre-condition for granting the Upper 700 MHz D
Block License. The Commission shall not grant the Upper 700 MHz D Block
license until the winning bidder for the Upper 700 MHz D Block license
has negotiated the NSA and such other agreements as the Commission may
require or allow with the Public Safety Broadband Licensee, and the NSA
and related agreements or documents have been approved by the
Commission and executed by the required parties. Parties to the NSA
must also include the Upper 700 MHz D Block licensee, the Network
Assets Holder, and the Operating Company, as these entities are defined
in § 27.4.
(b) Requirement of negotiation. Negotiation of an NSA between the
winning bidder for the Upper 700 MHz D Block license and the Public
Safety Broadband Licensee must commence by the date the winning bidder
files its long form application or the date on which the Commission
designates the Public Safety Broadband Licensee, whichever is later,
and must conclude within six months of that date. Parties to this
negotiation are required to negotiate in good faith. Two members of the
Commission staff, one from the Wireless Telecommunications Bureau and
one from the Public Safety and Homeland Security Bureau, shall be
present at all stages of the negotiation as neutral observers.
(c) Reporting requirements. The winning bidder for the Upper 700 MHz D
Block license must file a report with the Commission within 10 business
days of the commencement of the negotiation period certifying that
active and good faith negotiations have begun, providing the date on
which they commenced, and providing a schedule of the initial dates on
which the parties intend to meet for active negotiations, covering at a
minimum the first 30-day period. Beginning three months from the
triggering of the six-month negotiation period, the winning bidder for
the Upper 700 MHz D Block license and the Public Safety Broadband
Licensee must jointly provide detailed reports, on a monthly basis and
subject to a request for confidential treatment, on the progress of the
negotiations throughout the remainder of the negotiations. These
reports must include descriptions of all material issues that the
parties have yet to resolve.
(d) Submission of final agreement. As soon as the parties have reached
an agreement on all the terms of the NSA, related agreements or
documents, and such other agreements as the Commission may require or
allow, but not later than five business days after the six-month period
for negotiation has expired, they must submit the NSA together with all
agreements and related documents referenced in the NSA, for review and
approval by the full Commission. The Commission will act on the NSA
within 60 days of receipt. The Commission may approve the NSA in its
entirety, approve with modifications, or require the parties to address
additional terms or re-draft existing terms within a specified
timeframe. After the NSA is approved, the parties must execute the NSA
and such other agreements as the Commission may require or allow, and
submit executed copies to the Commission within 10 business days of
approval.
(e) Submission of disputed issues. If the parties have not reached
agreement on all terms of the NSA and related agreements by the end of
the six-month period, they must notify the Commission not later than
five business days after the expiration of the six-month period of the
terms on which they have agreed, the nature of the remaining issues,
each party's position on each issue, whether additional negotiation is
likely to produce an agreement, and, if so, a proposed deadline for
reaching agreement on the NSA. Authority is delegated jointly to the
Chiefs of the Wireless Telecommunications Bureau and the Public Safety
and Homeland Security Bureau to resolve any remaining disputes.
(f) Resolution of disputes. Actions to resolve disputes may include,
but are not limited to:
(1) Granting additional time for negotiation;
(2) Issuing a decision on the disputed issues and requiring the
submission of a draft agreement consistent with the decision;
(3) Directing the parties to further brief the remaining issues in full
for immediate Commission decision; and/or
(4) Immediate denial of the long-form application filed by the winning
bidder for the Upper 700 MHz D Block license.
(g) Default by winning bidder for Upper 700 MHz D Block license. If the
winning bidder for the Upper 700 MHz D Block fails to comply with
negotiation or dispute resolution requirements or fails to execute a
Commission-approved NSA, its long form application will be denied. If
the long form application of the winning bidder of the Upper 700 MHz D
Block license is denied for any reason, including as a consequence of
an action taken pursuant to paragraphs (e) and (f) of this section, it
will be deemed to have defaulted under § 1.2109(c) of this chapter, and
will be liable for the default payment specified in § 1.2104(g) of this
chapter.
Goto Section: 27.1310 | 27.1320
Goto Year: 2010 |
2012
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