47 C.F.R. § 27.1503

(a) Eligibility—(1) 3/3 900 MHz broadband license. For an applicant to be eligible for a 3/3 900 MHz broadband license in a county, it must:

(i) Hold the licenses for more than 50% of the total amount of licensed 900 MHz SMR (site-based or geographically licensed) and B/ILT (site-based) spectrum for the relevant county, including credit for spectrum included in an application filed with the Commission on or after March 14, 2019, to relocate, negotiate cancellation of licenses of, or acquire spectrum held by covered incumbents; and

(ii) Meet a threshold of at least 90% of licensed channels in the 3/3 900 MHz broadband segment by: (A) Holding spectrum in the 3/3 900 MHz broadband segment, and/or (B) reaching an agreement to clear through relocation of or cancellation of the license(s) or acquisition of spectrum held by covered incumbents, including credit for spectrum included in an application filed with the Commission on or after March 14, 2019; and/or (C) demonstrating how it will provide interference protection to covered incumbents' site-channels in the county and within 70 miles of the county boundary, and geographically licensed channels where the license area completely or partially overlaps the county.

(iii) The applicant for a 3/3 900 MHz broadband license may use its current holdings in the 900 MHz narrowband segment to relocate covered incumbents. Spectrum used for the purpose of relocating incumbents may not exceed the incumbents' current spectrum holdings in the relevant county, unless additional channels are necessary to achieve equivalent coverage and/or capacity.

(2) 5/5 900 MHz broadband license. For an applicant to be eligible for a 5/5 900 MHz broadband license in a county, it must:

(i) Hold the licenses for more than 50% of the total amount of licensed 900 MHz spectrum for the relevant county, including credit for spectrum included in an application filed with the Commission on or after March 14, 2019, to relocate, negotiate cancellation of licenses of, or acquire spectrum held by covered incumbents;

(ii) As it pertains to the 897.5-900.5 MHz and 936.5-939.5 MHz bands, either:

(A) Hold a 3/3 900 MHz broadband license in the relevant county; or

(B) Meet a threshold of at least 90% of combined licensed channels by:

(1) Holding spectrum in the 3/3 900 MHz broadband segment; and/or

(2) Reaching an agreement to clear through relocation of or cancellation of the license(s) or acquisition of spectrum held by covered incumbents, including credit for spectrum included in an application filed with the Commission on or after March 14, 2019; and/or

(3) Demonstrating how it will provide interference protection to covered incumbents' site-channels in the county and within 70 miles of the county boundary, and geographically licensed channels where the license area completely or partially overlaps the county; and

(iii) As it pertains to the 896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz bands, demonstrate that it has reached an agreement to clear through relocation of or cancellation of the license(s) or acquisition of spectrum held by all covered incumbents, or demonstrate how it will provide harmful interference protection to all covered incumbents holding site-based licenses in the county and within 70 miles of the county boundary and geographically licensed channels where the license area completely or partially overlaps the county.

(3) Interference protection. To provide interference protection, an applicant for a 3/3 or 5/5 900 MHz broadband license may:

(i) Protect site-based covered incumbents through compliance with minimum spacing criteria set forth in § 90.621(b) of this chapter;

(ii) Protect site-based covered incumbents through new or existing letters of concurrence agreeing to lesser base station separations as set forth in § 90.621(b) of this chapter; and/or

(iii) Protect geographically based covered incumbent(s) through a private contractual agreement.

(4) Complex system site protection. If any site of a complex system is located within the county or within 70 miles of the county boundary, an applicant must either hold the license for that site or reach an agreement to acquire, relocate, negotiate cancellation of, or protect the site in order to demonstrate eligibility for a 3/3 or 5/5 900 MHz broadband license.

(b) Application. (1) Applications must be filed in accordance with part 1, subpart F of this chapter.

(2) An applicant for a 900 MHz broadband license must submit with its application an Eligibility Certification that:

(i) Lists the licenses the applicant holds in the 900 MHz band to demonstrate that it holds the licenses for more than 50% of the total licensed 900 MHz spectrum in the relevant county to meet the requirements outlined in paragraph (a)(1)(i) or (a)(2)(i) of this section. Spectrum included in an application filed with the Commission on or after March 14, 2019, to relocate, negotiate cancellation of licenses of, or acquire spectrum held by covered incumbents will be counted toward the total licensed spectrum held by the applicant.

(ii) States that the applicant has filed a Transition Plan detailing how it meets the requirements outlined in paragraph (a)(1)(ii) or (a)(2)(ii) of this section and, if applicable, how it meets the requirements outlined in paragraph (a)(2)(iii) of this section.

(3) An applicant for a 900 MHz broadband license must submit with its application a Transition Plan that provides:

(i) A showing of one or more of the following:

(A) Agreement by covered incumbents to relocate from the 3/3 900 MHz broadband segment (for a 3/3 broadband license) or the 896-901 and 935-940 MHz bands (for a 5/5 broadband license), as applicable;

(B) Protection of site-based covered incumbents through compliance with minimum spacing criteria;

(C) Protection of site-based covered incumbents through new or existing letters of concurrence agreeing to lesser base station separations;

(D) Protection of geographically-based covered incumbents through private contractual agreements; and/or

(E) Evidence that it holds licenses for the site-channels and/or geographically licensed channels.

(ii) Descriptions of the agreements outlined in paragraphs (a)(1)(ii) and (a)(2)(ii) and (iii) of this section, if applicable.

(iii) Descriptions in detail of all information and actions necessary to accomplish the realignment, as follows:

(A) The applications that the parties to the agreements will file in order to relocate licensees or, in the case of 3/3 broadband licenses, to relocate or repack licensees in the 900 MHz narrowband segments;

(B) A description of how the applicant will provide interference protection to, and/or relocate or acquire spectrum held by covered incumbents, as outlined in paragraphs (a)(1)(ii) and (a)(2)(ii) and (iii) of this section, as applicable.

(C) Any rule waivers or other actions necessary to implement an agreement with a covered incumbent; and

(D) Such additional information as may be required.

(iv) A certification from an FCC-certified frequency coordinator that the Transition Plan's representations can be implemented consistent with Commission rules. The certification must establish that the relocations proposed therein take into consideration all relevant covered incumbents and are consistent with the existing part 90 interference protection criteria if the covered incumbent is site-based, and include any private contractual agreements between the prospective broadband licensee and a geographically-licensed covered incumbent.

(4) Applicants seeking to transition multiple counties may simultaneously file a single Transition Plan with each of its county-based applications.

(c) Anti-windfall provisions. (1) The applicant must return to the Commission all of its licensed 900 MHz spectrum, up to six megahertz for a 3/3 900 MHz broadband license and up to ten megahertz for a 5/5 900 MHz broadband license, for the county in which it seeks a broadband license. The applicant will be required to file, within 15 days of filing its broadband license application, an application(s) to cancel all of its 900 MHz broadband, SMR, and B/ILT spectrum, as applicable, up to six megahertz for a 3/3 900 MHz broadband license and up to ten megahertz for a 5/5 900 MHz broadband license, conditioned upon Commission grant of its application.

(2) If the applicant relinquishes less than six megahertz of spectrum for a 3/3 900 MHz broadband license or less than ten megahertz of spectrum for a 5/5 900 MHz broadband license in accordance with paragraph (c)(1) of this section, then the applicant must remit an anti-windfall payment prior to the grant of the 900 MHz broadband license. Payment must be made through a monetary payment to the general fund of the U.S. Treasury.

(3) For the purpose of calculating the windfall payment, if an applicant relinquished more than six megahertz of narrowband spectrum when it applied for its 3/3 900 MHz broadband license, then that 3/3 licensee may claim credit for the excess spectrum in its application for a 5/5 MHz broadband license for the same county. Any excess spectrum credit not claimed on its initial application is forfeited.