§ 27.16   Network access requirements for Block C in the 746-757 and 776-787 MHz
bands.

   (a) Applicability. This section shall apply only to the authorizations for
   Block  C in the 746-757 and 776-787 MHz bands assigned and only if the
   results of the first auction in which licenses for such authorizations are
   offered satisfied the applicable reserve price.

   (b) Use of devices and applications. Licensees offering service on spectrum
   subject to this section shall not deny, limit, or restrict the ability of
   their customers to use the devices and applications of their choice on the
   licensee's C Block network, except:

   (1) Insofar as such use would not be compliant with published technical
   standards reasonably necessary for the management or protection of the
   licensee's network, or

   (2) As required to comply with statute or applicable government regulation.

   (c) Technical standards. For purposes of paragraph (b)(1) of this section:

   (1) Standards shall include technical requirements reasonably necessary for
   third parties to access a licensee's network via devices or applications
   without  causing objectionable interference to other spectrum users or
   jeopardizing network security. The potential for excessive bandwidth demand
   alone shall not constitute grounds for denying, limiting or restricting
   access to the network.

   (2)  To  the  extent  a licensee relies on standards established by an
   independent  standards-setting  body which is open to participation by
   representatives of service providers, equipment manufacturers, application
   developers,  consumer organizations, and other interested parties, the
   standards will carry a presumption of reasonableness.

   (3)  A  licensee shall publish its technical standards, which shall be
   non-proprietary, no later than the time at which it makes such standards
   available  to any preferred vendors, so that the standards are readily
   available to customers, equipment manufacturers, application developers, and
   other  parties interested in using or developing products for use on a
   licensee's networks.

   (d) Access requests. (1) Licensees shall establish and publish clear and
   reasonable  procedures  for parties to seek approval to use devices or
   applications on the licensees' networks. A licensee must also provide to
   potential  customers  notice  of  the customers' rights to request the
   attachment of a device or application to the licensee's network, and notice
   of the licensee's process for customers to make such requests, including the
   relevant network criteria.

   (2) If a licensee determines that a request for access would violate its
   technical  standards  or  regulatory  requirements, the licensee shall
   expeditiously provide a written response to the requester specifying the
   basis for denying access and providing an opportunity for the requester to
   modify its request to satisfy the licensee's concerns.

   (e) Handset locking prohibited. No licensee may disable features on handsets
   it provides to customers, to the extent such features are compliant with the
   licensee's standards pursuant to paragraph (b)of this section, nor configure
   handsets it provides to prohibit use of such handsets on other providers'
   networks.

   (f) Burden of proof. Once a complainant sets forth a prima facie case that
   the  C Block licensee has refused to attach a device or application in
   violation of the requirements adopted in this section, the licensee shall
   have the burden of proof to demonstrate that it has adopted reasonable
   network  standards  and  reasonably  applied  those  standards  in the
   complainant's case. Where the licensee bases its network restrictions on
   industry-wide consensus standards, such restrictions would be presumed
   reasonable.

   [ 72 FR 48849 , Aug. 24, 2007]

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