“Designated Entity” Eligibility Rules Waived for the Upper 700 MHz D Block

"DESIGNATED ENTITY" ELIGIBILITY RULES WAIVED FOR UPPER 700 MHZ D BLOCK
[SOURCE: Federal Communications Commission]
In an Order released Thursday, the Federal Communications Commission waived one of its designated entity eligibility rules for the Upper 700 MHz D Block license. The single, nationwide Upper D Block license will be part of the 700 MHz Public Safety/Private Partnership with the 700 MHz Public Safety Broadband Licensee. This Partnership is designed to enable the construction of a nationwide, interoperable broadband communications network for public safety. With today’s action, the FCC decided that it will not apply its “impermissible material relationship” rule when determining designated entity eligibility for the Upper D Block license. Under this rule, except for cases where specifically grandfathered, an applicant or a licensee is considered to have an “impermissible material relationship” if it has entered into arrangements with one or more entities for the lease or resale (including wholesaling arrangements) of more than 50 percent of the spectrum capacity, and is therefore ineligible for designated entity benefits. Because the FCC is waiving this rule for the Upper D Block license, entities that have entered into an otherwise “impermissible material relationship” when applying for the Upper D Block license can still qualify as designated entities as long as they meet all of the FCC’s other designated entity eligibility requirements. In addition, if the Upper D Block is licensed to a designated entity, the licensee will not be prohibited from entering into agreements to, on a cumulative basis, lease or resell (including wholesale agreements) more than 50 percent of its spectrum capacity to other entities. The Upper D Block applicants and licensee will remain subject to the FCC’s other designated entity provisions, including the “attributable material relationship” and unjust enrichment rules.
http://www.fcc.gov/DE_700_MHz_nr.pdf

* Order:
http://www.fcc.gov/DE_700_MHz_order.pdf