(a) * * *

(2) * * *

(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 ( printed page 23172)

(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

(b) Coverage requirements. A 900 MHz broadband licensee must offer broadband service and meet a population coverage requirement or, alternatively, a geographic coverage requirement, by the applicable deadlines as follows:

(1) For a 3/3 broadband license, or a 5/5 broadband license that is not issued in exchange for a 3/3 900 MHz broadband license, the licensee is subject to the following benchmarks:

(i) Interim performance requirement. Within six years of license grant, a 900 MHz broadband licensee shall offer broadband service and either:

(A) Provide reliable signal coverage to at least 45% of the population in its license area; or

(B) Demonstrate that it provides reliable signal coverage for at least 25% of the geographic license area.

(ii) Final performance requirement. Within 12 years of license grant, a 900 MHz broadband licensee shall offer broadband service and either:

(A) Provide reliable signal coverage to at least 80% of the population in its license area; or

(B) Demonstrate that it provides reliable signal coverage for at least 50% of the geographic license area.

(2) For a 5/5 900 MHz broadband license issued in exchange for a 3/3 900 MHz broadband license prior to the 3/3 broadband license interim performance deadline, the licensee is subject to the following benchmarks:

(i) Interim performance requirement. Within two years from the date of the applicable interim performance deadline for the 3/3 broadband license, the 5/5 broadband licensee shall offer broadband service and either:

(A) Provide reliable signal coverage to at least 45% of the population in its license area; or

(B) Demonstrate that it provides reliable signal coverage for at least 25% of the geographic license area.

(ii) Final performance requirement. Within two years from the date of the applicable final performance deadline for the 3/3 broadband license, a 5/5 broadband licensee shall offer broadband service and either:

(A) Provide reliable signal coverage to at least 80% of the population in its license area; or

(B) Demonstrate that it provides reliable signal coverage for at least 50% of the geographic license area.

(3) For a 5/5 900 MHz broadband license issued in exchange for a 3/3 900 MHz broadband license after the 3/3 broadband licensee has met its applicable interim performance deadline but prior to its applicable final performance deadline for the 3/3 license, the licensee will be subject to the following final performance requirement: within two years from the date of the applicable final performance deadline for the 3/3 broadband license, a 5/5 broadband licensee shall offer broadband service and either:

(i) Provide reliable signal coverage to at least 80% of the population in its license area; or

(ii) Demonstrate that it provides reliable signal coverage for at least 50% of the geographic license area. Such licensee will not be subject to an interim performance requirement for the 5/5 broadband license.

(4) For a 5/5 900 MHz broadband license issued in exchange for a 3/3 900 MHz broadband license after the 3/3 broadband licensee has met its applicable final performance requirement, the 5/5 broadband licensee will be subject to the following final performance requirement: within two years from the date of grant of the 5/5 broadband license, a 5/5 broadband licensee shall offer broadband service and either:

(i) Provide reliable signal coverage to at least 80% of the population in its license area; or

(ii) Demonstrate that it provides reliable signal coverage for at least 50% of the geographic license area. Such licensee will not be subject to an interim performance requirement for the 5/5 broadband license.

(c) Penalties. (1)(i) A 3/3 broadband licensee that fails to meet its interim performance benchmark will be required to meet its final performance benchmark two years sooner ( i.e., at 10 years into the license term), and its license term will be reduced to 13 years.

(ii) Except in cases where a licensee received its 5/5 900 MHz broadband license in exchange for a 3/3 900 MHz broadband license, a 5/5 broadband licensee that fails to meet its applicable interim performance benchmark will be required to meet its final performance benchmark two years sooner ( i.e., at 10 years into the license term), and its license term will be reduced to 13 years.

(iii) A 5/5 broadband licensee that received its 5/5 license in exchange for a 3/3 900 MHz broadband license and that fails to meet its applicable interim performance benchmark, as described in paragraph (b)(2)(i) or (ii) of this section, will be subject to a revised final performance deadline that is accelerated by two years, and its applicable license term will be reduced by two years.

(2) If a 900 MHz broadband licensee fails to meet the final performance benchmark, its authorization for that license area will terminate automatically without Commission action.

(d) Continuity of operations. After satisfying its final performance benchmark, a licensee is required to continue to provide coverage and offer broadband service at or above that same level for the remaining period of the license term and thereafter. See 47 CFR 1.949.