§  1.9003   Definitions.

   De facto transfer leasing arrangement. A spectrum leasing arrangement
   in which a licensee retains de jure control of its license while
   transferring de facto control of the leased spectrum to a spectrum
   lessee, pursuant to the spectrum leasing rules set forth in this
   subpart.

   FCC Form 608. FCC Form 608 is the form to be used by licensees and
   spectrum lessees that enter into spectrum leasing arrangements pursuant
   to the rules set forth in this subpart. Parties are required to submit
   this form electronically when entering into spectrum leasing
   arrangements under this subpart, except that licensees falling within
   the provisions of § 1.913(d), may file the form either electronically or
   manually.

   Long-term de facto transfer leasing arrangement . A long-term de facto
   transfer leasing arrangement is a de facto transfer leasing arrangement
   that has an individual term, or series of combined terms, of more than
   one year.

   Private commons. A “private commons” arrangement is an arrangement,
   distinct from a spectrum leasing arrangement but permitted in the same
   services for which spectrum leasing arrangements are allowed, in which
   a licensee or spectrum lessee makes certain spectrum usage rights under
   a particular license authorization available to a class of third-party
   users employing advanced communications technologies that involve
   peer-to-peer (device-to-device) communications and that do not involve
   use of the licensee's or spectrum lessee's end-to-end physical network
   infrastructure (e.g., base stations, mobile stations, or other related
   elements).

   Short-term de facto transfer leasing arrangement. A short-term de facto
   transfer leasing arrangement is a de facto transfer leasing arrangement
   that has an individual or combined term of not longer than one year.

   Spectrum leasing application. The application submitted to the
   Commission by a licensee and a spectrum lessee seeking approval of a de
   facto transfer leasing arrangement.

   Spectrum leasing arrangement. An arrangement between a licensed entity
   and a third-party entity in which the licensee leases certain of its
   spectrum usage rights in the licensed spectrum to the third-party
   entity, the spectrum lessee, pursuant to the rules set forth in this
   subpart. The arrangement may involve the leasing of any amount of
   licensed spectrum, in any geographic area or site encompassed by the
   license, for any period of time during the term of the license
   authorization. Two different types of spectrum leasing arrangements,
   spectrum manager leasing arrangements and de facto transfer leasing
   arrangements, are permitted under this subpart.

   Spectrum leasing notification. The required notification submitted by a
   licensee to the Commission regarding a spectrum manager leasing
   arrangement.

   Spectrum lessee. Any third-party entity that leases, pursuant to the
   spectrum leasing rules set forth in this subpart, certain spectrum
   usage rights held by a licensee. This term includes reference to
   third-party entities that lease spectrum usage rights as spectrum
   sublessees under spectrum subleasing arrangements.

   Spectrum manager leasing arrangement. A spectrum leasing arrangement in
   which a licensee retains both de jure control of its license and de
   facto control of the leased spectrum that it leases to a spectrum
   lessee, pursuant to the spectrum leasing rules set forth in this
   subpart.

   [ 68 FR 66277 , Nov. 25, 2003, as amended at  69 FR 77550 , Dec. 27, 2004]

   Effective Date Note:   At  69 FR 77550 , Dec. 27, 2004, § 1.9003 was
   amended. This section contains information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.