Goto Section: 1.9035 | 1.9045 | Table of Contents
FCC 1.9040
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 1.9040 Contractual requirements applicable to spectrum leasing
arrangements.
(a) Agreements between licensees and spectrum lessees concerning
spectrum leasing arrangements entered into pursuant to the rules of
this subpart must contain the following provisions:
(1) The spectrum lessee must comply at all times with applicable rules
set forth in this chapter and other applicable law, and the spectrum
leasing arrangement may be revoked, cancelled, or terminated by the
licensee or Commission if the spectrum lessee fails to comply with the
applicable requirements;
(2) If the license is revoked, cancelled, terminated, or otherwise
ceases to be in effect, the spectrum lessee has no continuing authority
or right to use the leased spectrum unless otherwise authorized by the
Commission;
(3) The spectrum leasing arrangement is not an assignment, sale, or
transfer of the license itself;
(4) The spectrum leasing arrangement shall not be assigned to any
entity that is ineligible or unqualified to enter into a spectrum
leasing arrangement under the applicable rules as set forth in this
subpart;
(5) The licensee shall not consent to an assignment of a spectrum
leasing arrangement unless such assignment complies with applicable
Commission rules and regulations.
(b) Agreements between licensees that hold licenses subject to the
Commission's installment payment program ( see § 1.2110 of subpart Q of
this part and related service-specific rules) and spectrum lesseeys
must contain the following additional provisions:
(1) The express acknowledgement that the license remains subject to the
Commission's priority lien and security interest in the license and
related proceeds, consistent with the provisions set forth in § 1.9045;
and
(2) The agreement that the spectrum lessee shall not hold itself out to
the public as the holder of the license and shall not hold itself out
as a licensee by virtue of its having entered into a spectrum leasing
arrangement.
Goto Section: 1.9035 | 1.9045
Goto Year: 2010 |
2012
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