§  27.1320   Failure to comply with the NSA or the Commission's rules.

   (a) Failure to comply with the Commission's rules or the terms of the
   NSA may warrant cancelling the Upper 700 MHz D Block license and
   awarding it to a new licensee. In the event the Upper 700 MHz D Block
   license is cancelled, the Commission shall issue an order cancelling
   the license and announcing the process for awarding rights to the
   spectrum to a new licensee. Pending the award to a new licensee, the
   Commission shall issue the Operating Company a special temporary
   authority to prevent interruption of services provided over the Shared
   Wireless Broadband Network. The Operating Company must continue to
   provide both commercial service and services to public safety during
   the transition. Upon grant of a new license, the Commission shall
   establish the terms and timing under which the special temporary
   authorization shall be cancelled and the new Upper 700 MHz D Block
   licensee assumes the construction and operation of the network.

   (b) If the Commission cancels or terminates the Upper 700 MHz D Block
   license, a fair market valuation of the shared wireless broadband
   network assets shall be performed immediately, pursuant to the fair
   market valuation methodology set forth in the NSA. In the event that
   the Upper 700 MHz D Block license is awarded to a new entity, the
   Public Safety Broadband Licensee's option to purchase the network and
   all network assets if and whenever the Upper 700 MHz D Block license is
   cancelled or terminated and its right of first refusal to purchase the
   network assets if and whenever such assets are otherwise to be sold
   shall be assigned to the new Upper 700 MHz D Block licensee and the new
   Network Assets Holder.

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