§ 54.1006   Public interest obligations.

   (a) Deadline for construction—3G networks. A winning bidder authorized
   to receive Mobility Fund Phase I support that indicated in its
   application that it would provide third generation (3G) service on the
   supported network shall, no later than two (2) years after the date on
   which it was authorized to receive support, submit data from drive
   tests covering the area for which support was received demonstrating
   mobile transmissions supporting voice and data to and from the network
   covering 75% of the designated coverage units in the area deemed
   uncovered, or a higher percentage established by Public Notice prior to
   the competitive bidding, and meeting or exceeding the following:

   (1) Outdoor minimum data transmission rates of 50 kbps uplink and 200
   kbps downlink at vehicle speeds appropriate for the roads covered;

   (2) Transmission latency low enough to enable the use of real time
   applications, such as VoIP.

   (b) Deadline for construction—4G networks. A winning bidder authorized
   to receive Mobility Fund Phase I support that indicated in its
   application that it would provide fourth generation (4G) service on the
   supported network shall, no later than three (3) years after the date
   on which it was authorized to receive support, submit data from drive
   tests covering the area for which support was received demonstrating
   mobile transmissions supporting voice and data to and from the network
   covering 75% of the designated coverage units in the area deemed
   uncovered, or an applicable higher percentage established by public
   notice prior to the competitive bidding, and meeting or exceeding the
   following:

   (1) Outdoor minimum data transmission rates of 200 kbps uplink and 768
   kbps downlink at vehicle speeds appropriate for the roads covered;

   (2) Transmission latency low enough to enable the use of real time
   applications, such as VoIP.

   (c) Coverage test data. Drive tests submitted in compliance with a
   recipient's public interest obligations shall cover roads designated in
   the public notice detailing the procedures for the competitive bidding
   that is the basis of the recipient's support. Scattered site tests
   submitted in compliance with a recipient's public interest obligations
   shall be in compliance with standards set forth in the public notice
   detailing the procedures for the competitive bidding that is the basis
   of the recipient's authorized support.

   (d) Collocation obligations. During the period when a recipient shall
   file annual reports pursuant to § 54.1009, the recipient shall allow for
   reasonable collocation by other providers of services that would meet
   the technological requirements of Mobility Fund Phase I on newly
   constructed towers that the recipient owns or manages in the area for
   which it receives support. In addition, during this period, the
   recipient may not enter into facilities access arrangements that
   restrict any party to the arrangement from allowing others to collocate
   on the facilities.

   (e) Voice and data roaming obligations. During the period when a
   recipient shall file annual reports pursuant to § 54.1009, the recipient
   shall comply with the Commission's voice and data roaming requirements
   that were in effect as of October 27, 2011, on networks that are built
   through Mobility Fund Phase I support.

   (f) Liability for failing to satisfy public interest obligations. A
   winning bidder authorized to receive Mobility Fund Phase I support that
   fails to comply with the public interest obligations in this paragraph
   or any other terms and conditions of the Mobility Fund Phase I support
   will be subject to repayment of the support disbursed together with an
   additional performance default payment. Such a winning bidder may be
   disqualified from receiving Mobility Fund Phase I support or other USF
   support. The additional performance default amount will be a percentage
   of the Mobility Fund Phase I support that the winning bidder has been
   and is eligible to request be disbursed to it pursuant to § 54.1008. The
   percentage will be determined as specified in the public notice
   detailing competitive bidding procedures prior to the commencement of
   competitive bidding. The percentage will not exceed twenty percent.

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