§  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.

   (d) Public Safety Broadband Network Operators must use at least 3GPP TS
   23.401, V8.8.0 (2009-12), "3rd Generation Partnership Project;
   Technical Specification Group Services and System Aspects; General
   Packet Radio Service (GPRS) enhancements for Evolved Universal
   Terrestrial Radio Access Network (E-UTRAN) access (Release 8),"
   December, 2009 (incorporated by reference). The Director of the Federal
   Register approves this incorporation by reference in accordance with 5
   U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected at the Federal
   Communications Commission, 445 12th Street, SW., Washington, DC 20554
   or National Archives and Records Administration (NARA). For information
   on the availability of this material at NARA, call 202-741- 6030, or go
   to:
   http://www.archives.gov/federal_register/code_of_federal_regulations/ib
   r_locations.html. Copies of the 3GPP Standard E-UTRA Release 8 can be
   obtained from 3GPP Mobile Competence Centre, c/o ETSI, 650, route des
   Lucioles, 06921 Sophia-Antipolis Cedex, France, Tel: +33 (0)4 92 94 42
   00, Fax: +33 4 93 65 47 16, http://www.3gpp.org . Later versions of
   this standard may be employed by Public Safety Broadband Network
   Operators provided they are backwards-compatible with this version.

   (e) Systems in the network must support the following interfaces:
   Uu-LTE air interface; S6a--Visited MME to Home HSS; S8--Visited SGW to
   Home PGW; S9--Visited PCRF to Home PCRF for dynamic policy arbitration;
   S10--MME to MME support for Category 1 handover support; X2--eNodeB to
   eNodeB; S1-u--between eNodeB and SGW; S1-MME--between eNodeB and MME;
   S5--between SGW and PGW; S6a--between MME and HSS; S11--between MME and
   SGW; SGi--between PGW and external PDN; Gx--between PGW and PCRF (for
   QoS policy, filter policy and charging rules); Rx--between PCRF and AF
   located in a PDN; Gy/Gz--offline/online charging interfaces.

   (f) A Public Safety Broadband Network Operator must submit to the Chief
   of the Public Safety and Homeland Security Bureau prior to deployment
   of any Radio Access Network equipment a certification that it will be
   in compliance with paragraph (e) of this section prior to the date its
   network achieves service availability.

   [ 72 FR 48863 , Aug. 24, 2007, as amended at  76 FR 51272 , Aug. 18, 2011]