§  90.1203   Eligibility.

   (a) Entities providing public safety services (as defined in § 90.523)
   are eligible to hold a Commission license for systems operating in the
   4940-4990 MHz band. All of the requirements and conditions set forth in
   § 90.523 also govern authorizations in the 4940-4990 MHz band.

   (b) 4.9 GHz band licensees may enter into sharing agreements or other
   arrangements for use of the spectrum with entities that do not meet the
   eligibility requirements in this section. However, all applications in
   the band are limited to operations in support of public safety, except
   as provided in paragraph (c) of this section.

   (c) Operations conducted pursuant to a license held by a State Lessor
   (as defined in § 90.1217), whether conducted by the State Lessor or its
   lessee(s), are not limited to operations in support of public safety.
   For purposes of subpart X of part 1 of this chapter, such lessees shall
   be deemed eligible and qualified as a licensee, notwithstanding
   paragraph (a) of this section.

   [ 85 FR 76480 , Nov. 30, 2020]