§ 1.9049   Special provisions relating to spectrum leasing arrangements
involving the ancillary terrestrial component of Mobile Satellite Services.

   (a) A license issued under part 25 of the Commission's rules that provides
   authority for an ATC will be considered to provide “exclusive use rights”
   for purpose of this subpart of the rules.

   (b) For the purpose of this subpart, a Mobile Satellite Service licensee
   with  an  ATC  authorization may enter into a spectrum manager leasing
   arrangement  with a spectrum lessee (see § 1.9020). Notwithstanding the
   provisions of § § 1.9030 and 1.9035, a MSS licensee is not permitted to enter
   into a de facto transfer leasing arrangement with a spectrum lessee.

   (c) For purposes of § 1.9020(d)(8), the Mobile Satellite Service licensee's
   obligation, if any, concerning the E911 requirements in § 20.18 of this
   chapter,  will,  with respect to an ATC, be specified in the licensing
   document for the ATC.

   (d) The following provision shall apply, in lieu of § 1.9020(m), with respect
   to spectrum leasing of an ATC:

   (1) Although the term of a spectrum manager leasing arrangement may not be
   longer than the term of the ATC license, a licensee and spectrum lessee that
   have entered into an arrangement, the term of which continues to the end of
   the current term of the license may, contingent on the Commission's grant of
   a modification or renewal of the license to extend the license term, extend
   the spectrum leasing arrangement into the new license term. The Commission
   must be notified of the extension of the spectrum leasing arrangement at the
   same time that the licensee submits the application seeking an extended
   license term. In the event the parties to the arrangement agree to extend it
   into the new license term, the spectrum lessee may continue to operate
   consistent with the terms and conditions of the expired license, without
   further action by the Commission, until such time as the Commission makes a
   final determination with respect to the extension or renewal of the license.

   (2) Reserved.

   [ 76 FR 31259 , May 31, 2011]

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