§ 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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