§  90.1430   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 required 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 Licensee.

   (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 and approved by 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.

   (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.

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