Goto Section: 27.1327 | 27.1333 | Table of Contents
FCC 27.1330
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 27.1330 Local public safety build-out and operation.
(a) The Upper 700 MHz D Block licensee and the Operating Company
through its lease arrangements shall, except in the two limited
circumstances set forth herein, have the exclusive right to build and
operate the Shared Wireless Broadband Network.
(b) Rights to early build-out in areas with a build-out commitment. In
an area where the Upper 700 MHz D Block licensee has committed, in the
NSA, to build out by a certain date, a public safety entity may, with
the pre-approval of the Public Safety Broadband Licensee and subject to
the requirements set forth herein, construct a broadband network in
that area at its own expense so long as the network is capable of
operating on the Shared Wireless Broadband Network and meets all the
requirements and specifications of the network required under the NSA.
(1) Options for early build-out in areas with a build-out commitment.
In order to obtain authorization to construct a broadband network as
set forth in paragraph (b) of this section, the requesting public
safety entity must agree to one of the following:
(i) To, on its own, or through the Public Safety Broadband Licensee
acting on its behalf, construct the network at its own expense, and
upon completion of construction transfer the network to the Upper 700
MHz D Block licensee, which shall then integrate that network into the
Shared Wireless Broadband Network constructed pursuant to the NSA; or
(ii) To, in agreement with the Upper 700 MHz D Block licensee, provide
all funds necessary for the Upper 700 MHz D Block licensee to complete
the early construction of the network, including any and all additional
resource and personnel costs, allowing the Upper 700 MHz D Block
licensee at all times to own, operate, and manage the network as an
integrated part of the Shared Wireless Broadband Network.
(2) Negotiation of amendment to NSA. Under either early build out
option set forth in paragraph (b)(1) of this section, the Public Safety
Broadband Licensee, the Upper 700 MHz D Block licensee, and the public
safety entity must, prior to any construction, negotiate an amendment
to the NSA regarding this part of the network, specifying ownership
rights, fees, and other terms, which may be distinct from the analogous
terms governing the Shared Wireless Broadband Network, and such
amendment must be approved by the Commission.
(i) Such amendment must provide the terms under which the Upper 700 MHz
D Block licensee shall receive full ownership rights and shall
compensate the public safety entity (or the Public Safety Broadband
Licensee, where appropriate) for the construction of the network; and
shall, absent agreement to the contrary, provide for such transfer and
compensation to occur prior to the scheduled build out date for such
network in the NSA.
(ii) Any right to compensation from the Upper 700 MHz D Block licensee
related to such early build-out shall be limited to the cost that would
have been incurred had the Upper 700 MHz D Block licensee constructed
the network itself in accordance with the original terms and
specifications of the NSA, as reasonably determined by the parties and
negotiated as part of the NSA amendment required in paragraph (b)(2) of
this section. Such costs shall not include costs attributable solely to
advancing the date of construction or otherwise expediting the
construction process.
(3) Operations. The public safety entity may not commence operations on
the network until ownership of the network has been transferred to the
Upper 700 MHz D Block licensee. Further, no operations shall be allowed
except those authorized and conducted pursuant to the authority of the
Public Safety Broadband License.
(4) Attribution of early build-out to national benchmarks. Upon
completion of construction, transfer of ownership to the Upper 700 MHz
D Block licensee, and compensation as required herein, if applicable,
the Upper 700 MHz D Block licensee may include the network constructed
pursuant to the early build-out provisions herein for purposes of
determining whether it has met its national build-out benchmarks and
the build-out requirements of the NSA.
(5) Rights to build out and operate in areas without a build-out
commitment. In areas for which the NSA does not require the Upper 700
MHz D Block licensee to build out the Shared Wireless Broadband
Network, a public safety entity may build out and operate a separate,
exclusive network in the 700 MHz public safety broadband spectrum at
any time, provided the public safety entity has received the written
approval of the Public Safety Broadband Licensee and operates its
independent network pursuant to a spectrum leasing arrangement into
which the public safety entity has entered with the Public Safety
Broadband Licensee.
(i) Such leasing arrangement shall not require the approval or consent
of the Upper 700 MHz D Block licensee; however, the Public Safety
Broadband Licensee must provide the Upper 700 MHz D Block licensee with
notice of the public safety entity's intent to construct in that area
within 30 days of receipt of a request from a public safety entity
seeking to exercise this option, and shall inform the Upper 700 MHz D
Block licensee of the public safety entity's anticipated build-out
date(s).
(ii) Should the Upper 700 MHz D Block licensee, within 30 calendar days
from receipt of notice of the public safety entity's intent to
construct in that area, certify in writing to the Public Safety
Broadband Licensee that it will build out the shared network in the
area within a reasonable time of the anticipated build-out date(s), as
determined by the Public Safety Broadband Licensee, the Public Safety
Broadband Licensee shall not allow the public safety entity to build
and operate its own separate exclusive network in that area, provided
that the Upper 700 MHz D Block licensee and the Public Safety Broadband
Licensee execute an amendment to the NSA indicating the Upper 700 MHz D
Block licensee's commitment to build the network in that area. Such
commitment shall become enforceable against the Upper 700 MHz D Block
licensee as part of its overall build-out requirements.
(iii) If the Upper 700 MHz D Block licensee does not exercise its
option to commit to build out the network in the requested area within
30 calendar days of receipt of notice of the public safety entity's
intent to construct in such area, the Public Safety Broadband Licensee
and the public safety entity may proceed with a spectrum leasing
arrangement, which must be filed with the Commission prior to the
public safety entity commencing any operations. The spectrum leasing
arrangement must take the form of a spectrum manager leasing
arrangement under the rules specified in § 1.9020 of this chapter, and
incorporate the following conditions:
(A) The network must provide broadband operations;
(B) The network must be fully interoperable with the Shared Wireless
Broadband Network;
(C) The network must be available for use by any public safety entity
in the area;
(D) The network must satisfy any other terms or conditions required by
the Public Safety Broadband Licensee; and
(E) The public safety entity must construct and place into operation
its network within one year of the effective date of the spectrum
manager leasing arrangement. If the public safety entity fails to place
the network into operation within one year, the Public Safety Broadband
Licensee shall terminate the spectrum leasing arrangement pursuant to
§ 1.9020(h)(3) of this chapter. The public safety entity may also seek
extended implementation authority from the Commission pursuant to the
requirements of § 90.629 of this chapter.
(6) Except as set forth herein, the separate network is not required to
meet the other specifications of the Shared Wireless Broadband Network.
Absent agreement of the public safety entity, the Public Safety
Broadband Licensee, and the Upper 700 MHz D Block licensee, the
separate network may not operate using any spectrum associated with the
Upper 700 MHz D Block license.
(7) The Public Safety Broadband Licensee must file with the Commission
any spectrum manager leasing arrangement as specified in § 1.9020(e) of
this chapter; such filing shall identify the public safety entity
leasing the spectrum, the particular areas of spectrum leased as part
of this build-out option, and the specific network infrastructure and
equipment deployed on such leased spectrum.
Goto Section: 27.1327 | 27.1333
Goto Year: 2010 |
2012
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