FCC Web Documents citing 1.9035

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4678A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4678A1.pdf
  • 2005. See id. See 47 C.F.R. � 1.948(d). See Spectracom,LLC, Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 13412 (Enf. Bur. 2006). See Letter from Mike McCarty, Spectracom, to Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, dated November 25, 2006, at 1 (``NAL Response''). See id. See id. See id. See 47 C.F.R. �� 1.9030(e) and 1.9035(e). 47 C.F.R. � 1.948(a). See id. The leasing rules govern the transfer of de facto control pursuant to a spectrum leasing arrangement. Specifically, the Commission relaxed its policies to provide a process for lessors to obtain approval to transfer control of station facilities to lessees. The Commission adopted new rules including Section 1.9030(e) (relating to long term leases) and Section
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-133A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-133A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-133A1.txt
  • X (``Spectrum Leasing''). Secondary Markets First Report and Order, 18 FCC Rcd at 20612-13 � 13. Id. In this type of spectrum leasing arrangement, the licensee retains de jure control. Id. Id. at 20610-12 � 12. In this type of lease arrangement, the licensee retains both de jure and de facto control. Id. See 47 C.F.R. �� 1.9010, 1.9020, 1.9030, 1.9035. Secondary Markets First Report and Order, 18 FCC Rcd at 20644-45 � 85. See Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Second Report and Order, Order on Reconsideration and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503, 17534-35 � 64 (2004) (``Secondary Markets Second Report and Order''). Secondary Markets First
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-107A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-107A1.pdf
  • CMRS equipment to assist the Department of Defense in the Hurricane Katrina recovery effort. Verizon suggested that the Commission adopt an expedited procedure for temporary spectrum leases. Verizon Comments at 16. However, no such action is necessary because the Commission already has an expedited process for granting short-term leases which allows the grant of leases overnight. See 47 C.F.R. � 1.9035(e) (immediate approval procedures for short-term de facto leasing arrangements). Verizon has not shown that this process is insufficient. We note that, subsequent to filing its comments in this proceeding, BellSouth merged with AT&T. For purposes of this Order, we will refer to BellSouth's comments separately from those filed by AT&T. See Petition of AT&T Inc. for Special Temporary Authority and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.pdf
  • this chapter will apply unless otherwise provided in this subpart. Section 27.601 is amended by revising paragraph (c) as follows: � 27.601 Authority and coordination requirements. * * * * * (c) Frequency Coordination. (1) A Guard Band licensee, or a spectrum lessee operating at 775-776 MHz and 805-806 MHz pursuant to a spectrum lease arrangement under �� 1.9030 and 1.9035 of this chapter, must notify Commission-recognized public safety frequency coordinators for the 700 MHz Public Safety band and adjacent-area Guard Band licensees within one business day after the licensee or the spectrum lessee has: * * * * * Add the following new subpart N to Part 27 to read as follows: SUBPART N - 700 MHz PUBLIC/PRIVATE PARTNERSHIP �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-239A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-239A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-239A1.txt
  • 6, 2003, the Commission released a Report and Order and Further Notice of Proposed Rulemaking in the above-captioned proceeding. A summary of the Secondary Markets Report and Order was published in the Federal Register on November 25, 2003. The effective date of the Commission's new secondary market rules, except for sections 1.913(a), 1.913(a)(3), 1.948(j), 1.2002(d), 1.2003, 1.9003, 1.9020(e), 1.9030(e), and 1.9035(e) of the Commission's rules, is February 2, 2004. In order to fully implement all aspects of the Secondary Markets Report and Order, the Commission must receive approval from the Office of Management and Budget (OMB) for the revised FCC Form 603 (Form 603) required under the newly adopted rules and must implement extensive changes to its Universal Licensing System (ULS).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A1.txt
  • Proposed Rulemaking, 18 FCC Rcd 20604 (2003) modified by Erratum, 18 FCC Rcd 24817 (2003) (``Secondary Markets Report and Order''), Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503 (2004) (``Secondary Markets Second Report and Order''); see 47 C.F.R. �� 1.913, 1.948, 1.2002, 1.2003, 1.8002, 1.9001, 1.9003, 1.9005, 1.9010, 1.9020, 1.9030, 1.9035, 1.9040, 1.9045, 1.9048, 1.9050, 1.9055, 1.9060, 1.9080, 24.239, 27.4, 27.10, 27.12, 90.20 (2004). 47 U.S.C. � 310(b)(4). Id. Rules and Policies on Foreign Participation in the U.S. Telecommunications Market; Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23896, � 9, 23913, � 50, and 23940, �� 111-12 (1997) (``Foreign Participation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A1_Erratum.doc
  • Proposed Rulemaking, 18 FCC Rcd 20604 (2003) modified by Erratum, 18 FCC Rcd 24817 (2003) (``Secondary Markets Report and Order''), Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503 (2004) (``Secondary Markets Second Report and Order''); see 47 C.F.R. �� 1.913, 1.948, 1.2002, 1.2003, 1.8002, 1.9001, 1.9003, 1.9005, 1.9010, 1.9020, 1.9030, 1.9035, 1.9040, 1.9045, 1.9048, 1.9050, 1.9055, 1.9060, 1.9080, 24.239, 27.4, 27.10, 27.12, 90.20 (2004). 47 U.S.C. � 310(b)(4). Id. Rules and Policies on Foreign Participation in the U.S. Telecommunications Market; Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23896, � 9, 23913, � 50, and 23940, �� 111-12 (1997) (``Foreign Participation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A2.txt
  • Proposed Rulemaking, 18 FCC Rcd 20604 (2003) modified by Erratum, 18 FCC Rcd 24817 (2003) ("Secondary Markets Report and Order"), Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503 (2004) ("Secondary Markets Second Report and Order"); see 47 C.F.R. �� 1.913, 1.948, 1.2002, 1.2003, 1.8002, 1.9001, 1.9003, 1.9005, 1.9010, 1.9020, 1.9030, 1.9035, 1.9040, 1.9045, 1.9048, 1.9050, 1.9055, 1.9060, 1.9080, 24.239, 27.4, 27.10, 27.12, 90.20 (2004). 9 C. Section 310 Decision Flowchart The following chart provides a general outline of how the Commission analyzes foreign ownership under Section 310 of the Act. 10 SECTION III - FOREIGN OWNERSHIP ANALYSIS UNDER SECTION 310(B)(4) A. Analytical Framework Section 310(b)(4) of the Act establishes a 25
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A2_Erratum.pdf
  • Proposed Rulemaking, 18 FCC Rcd 20604 (2003) modified by Erratum, 18 FCC Rcd 24817 (2003) ("Secondary Markets Report and Order"), Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503 (2004) ("Secondary Markets Second Report and Order"); see 47 C.F.R. �� 1.913, 1.948, 1.2002, 1.2003, 1.8002, 1.9001, 1.9003, 1.9005, 1.9010, 1.9020, 1.9030, 1.9035, 1.9040, 1.9045, 1.9048, 1.9050, 1.9055, 1.9060, 1.9080, 24.239, 27.4, 27.10, 27.12, 90.20 (2004). 9 C. Section 310 Decision Flowchart The following chart provides a general outline of how the Commission analyzes foreign ownership under Section 310 of the Act. 10 SECTION III - FOREIGN OWNERSHIP ANALYSIS UNDER SECTION 310(B)(4) A. Analytical Framework Section 310(b)(4) of the Act establishes a 25
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-75A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-75A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-75A1.txt
  • Through Elimination of Barriers to the Development of Secondary Markets (Secondary Markets Report and Order). A summary of the Secondary Markets Report and Order was published in the Federal Register on November 25, 2003. See 68 Fed. Reg. 66252 (Nov. 25, 2003). The Federal Register summary prescribed that, except for sections 1.913(a), 1.913(a)(3), 1.948(j), 1.2002(d), 1.2003, 1.9003, 1.9020(e), 1.9030(e), and 1.9035(e) of the Commission's rules, the various rules adopted in the Secondary Markets Report and Order are to be effective January 26, 2004. (Sections 1.913(a), 1.913(a)(3), 1.2002(d), 1.2003, 1.9003, 1.9020(e), 1.9030(e), and 1.9035(e) of the Commission's rules contain information collections requirements that are not effective until approved by the Office of Management and Budget, and section 1.948(j) of the Commission's rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-281A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-281A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-281A1.txt
  • Licensees may satisfy these construction requirements through lease agreements, provided these arrangements satisfy the conditions set forth in the Secondary Markets Report and Order. (See Secondary Markets Report and Order, 18 FCC Rcd at 20655, 20667, 20676 �� 114-115, 146, 177; see also 47 C.F.R. �� 1.9020(d)(5) (governing spectrum manager leasing arrangements), 1.9030(d)(5) (governing long-term de facto transfer leasing arrangements), 1.9035(d)(3) (governing short-term de facto transfer leasing arrangements). The Commission intent in providing licensees with a substantial service option is not to mandate, but to encourage and facilitate construction in less populated areas by providing licensees with sufficient flexibility to develop unique business plans that do not require ubiquitous coverage or coverage of densely populated areas. In keeping with its market-oriented
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-493A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-493A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-493A1.txt
  • to these rules is set forth in Section 1.9005 of the Commission's rules. Spectrum leasing notifications and applications will be processed using existing FCC Form 603-T (FCC Wireless Telecommunications Bureau Application or Notification for Spectrum Leasing Arrangement), subject to the applicable processing rules set forth in Sections 1.9020(e)(1) (for spectrum manager leases), 1.9030(e)(1) (for long-term de facto transfer leases), and 1.9035(e)(1) (for short-term de facto transfer leases). (Note that any spectrum leasing notifications or applications that would otherwise qualify for the immediate processing procedures set forth in Sections 1.9020(e)(2), 1.9030(e)(2), or 1.9035(e)(2) will not be processed under these rules, at this time, pending OMB approval of the information collections contained in these rules as well as implementation of the necessary changes
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1723A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1723A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1723A1.txt
  • spectrum leasing filings while a permanent leasing form was being developed. See Wireless Telecommunications Bureau Announces FCC Form 603-T Is Available and Provides Guidance Regarding the Interim Process for Filing Spectrum Leasing Notifications and Applications, Public Notice, DA 04-252 (rel. Feb. 2, 2004). Second Report and Order, 19 FCC Rcd at 261. 47 C.F.R. �� 1.9020(i), 1.9030(h). 47 C.F.R. � 1.9035(i). 47 C.F.R. �� 1.9020(h)(3), 1.9030(g)(3). . 47 C.F.R. � 1.913(b). 47 C.F.R. � 0.331, 1.925. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h� h� " gd� 9 : � � h� hk hk ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ�
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4678A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4678A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4678A1.txt
  • 2005. See id. See 47 C.F.R. � 1.948(d). See Spectracom,LLC, Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 13412 (Enf. Bur. 2006). See Letter from Mike McCarty, Spectracom, to Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, dated November 25, 2006, at 1 (``NAL Response''). See id. See id. See id. See 47 C.F.R. �� 1.9030(e) and 1.9035(e). 47 C.F.R. � 1.948(a). See id. The leasing rules govern the transfer of de facto control pursuant to a spectrum leasing arrangement. Specifically, the Commission relaxed its policies to provide a process for lessors to obtain approval to transfer control of station facilities to lessees. The Commission adopted new rules including Section 1.9030(e) (relating to long term leases) and Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-288803A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-288803A1.txt
  • LLC Spectrum Manager Sublease Call Sign or Lead Call Sign: WQJQ692 Lead Lease Identifier: L000005260 Radio Service Code(s): WU LN 6024WUSL091 Licensee: Cellco Partnership 02/24/2009 Q Lessee: Access 700, LLC Sublessee: Southwest Communications, Inc. d/b/a ComSource Wireless Spectrum Manager Sublease Call Sign or Lead Call Sign: WQJQ694 Lead Lease Identifier: L000005261 Radio Service Code(s): WU 1 Requested waiver of Section 1.9035(m) is granted. Page 21 Purpose Key: AA Assignment of Authorization LM Modification of a Lease/Sublease/Private Commons Arrangement AM Amendment LN New Lease/Sublease/Private Commons Arrangement AR DE Annual Report LT Transfer of Control of a Lessee/Sublessee LC Cancel of a Lease/Sublease/Private Commons RE DE Reportable Event Arrangement TC Transfer of Control LE Extend the Term of a Lease/Sublease/Private Commons WD Withdrawal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.txt
  • such an extension of the spectrum leasing arrangement on the same application it submits for license renewal (see � 1.949 of this part). The spectrum lessee may operate under the extended term, without further action by the Commission, until such time as the Commission shall make a final determination with respect to the extension of the spectrum leasing arrangement. � 1.9035 Short-term de facto transfer leasing arrangements. Overview. Under the provisions of this section, a licensee (in any of the included services) and a spectrum lessee may enter into a short-term de facto transfer leasing arrangement in which the licensee retains de jure control of the license while de facto control of the leased spectrum is transferred to the spectrum lessee
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1_Erratum.doc
  • such an extension of the spectrum leasing arrangement on the same application it submits for license renewal (see � 1.949 of this part). The spectrum lessee may operate under the extended term, without further action by the Commission, until such time as the Commission shall make a final determination with respect to the extension of the spectrum leasing arrangement. � 1.9035 Short-term de facto transfer leasing arrangements. Overview. Under the provisions of this section, a licensee (in any of the included services) and a spectrum lessee may enter into a short-term de facto transfer leasing arrangement in which the licensee retains de jure control of the license while de facto control of the leased spectrum is transferred to the spectrum lessee
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.txt
  • complying with the build-out requirements, but that licensees using short-term spectrum leasing arrangements may not be counted for the purposes of the build-out rules. See Secondary Markets Report and Order, 18 FCC Rcd at 20655, 20667, 20676 �� 114-115, 146, 177; see also 47 C.F.R. �� 1.9020(d)(5) (governing spectrum manager leasing arrangements), 1.9030(d)(5) (governing long-term de facto transfer leasing arrangements), 1.9035(d)(3) (governing short-term de facto transfer leasing arrangements). Accordingly, provided the leasing arrangement at issue satisfies the conditions and requirements set forth in the Secondary Markets Report and Order, a lessee may satisfy the construction obligations on behalf of the licensee. We note, however, that the construction requirements remain a condition of the license and, to the extent a licensee relies
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.txt
  • for license renewal (see � 1.949). The spectrum lessee may operate under the extended term, without further action by the Commission, until such time as the Commission shall make a final determination with respect to the renewal of the license authorization and the extension of the spectrum leasing arrangement into the term of the renewed license authorization. 11. Amend � 1.9035 as follows: a. In paragraph (a), revise the last sentence, and add a new sentence following that sentence; b. Remove paragraph (d)(4) and redesignate paragraph (d)(5) as paragraph (d)(4); c. Revise paragraph (e); d. Redesignate paragraphs (f) through (m) as paragraphs (g) through (n), respectively; e. Add new paragraph (f); f. Revise newly designated paragraphs (g)(1), (h)(1), (h)(2), (i)(1), and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-133A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-133A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-133A1.txt
  • X (``Spectrum Leasing''). Secondary Markets First Report and Order, 18 FCC Rcd at 20612-13 � 13. Id. In this type of spectrum leasing arrangement, the licensee retains de jure control. Id. Id. at 20610-12 � 12. In this type of lease arrangement, the licensee retains both de jure and de facto control. Id. See 47 C.F.R. �� 1.9010, 1.9020, 1.9030, 1.9035. Secondary Markets First Report and Order, 18 FCC Rcd at 20644-45 � 85. See Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Second Report and Order, Order on Reconsideration and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503, 17534-35 � 64 (2004) (``Secondary Markets Second Report and Order''). Secondary Markets First
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-107A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-107A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-107A1.txt
  • CMRS equipment to assist the Department of Defense in the Hurricane Katrina recovery effort. Verizon suggested that the Commission adopt an expedited procedure for temporary spectrum leases. Verizon Comments at 16. However, no such action is necessary because the Commission already has an expedited process for granting short-term leases which allows the grant of leases overnight. See 47 C.F.R. � 1.9035(e) (immediate approval procedures for short-term de facto leasing arrangements). Verizon has not shown that this process is insufficient. We note that, subsequent to filing its comments in this proceeding, BellSouth merged with AT&T. For purposes of this Order, we will refer to BellSouth's comments separately from those filed by AT&T. See Petition of AT&T Inc. for Special Temporary Authority and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.pdf
  • this chapter will apply unless otherwise provided in this subpart. Section 27.601 is amended by revising paragraph (c) as follows: � 27.601 Authority and coordination requirements. * * * * * (c) Frequency Coordination. (1) A Guard Band licensee, or a spectrum lessee operating at 775-776 MHz and 805-806 MHz pursuant to a spectrum lease arrangement under �� 1.9030 and 1.9035 of this chapter, must notify Commission-recognized public safety frequency coordinators for the 700 MHz Public Safety band and adjacent-area Guard Band licensees within one business day after the licensee or the spectrum lessee has: * * * * * Add the following new subpart N to Part 27 to read as follows: SUBPART N - 700 MHz PUBLIC/PRIVATE PARTNERSHIP �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1_Erratum.doc
  • this chapter will apply unless otherwise provided in this subpart. Section 27.601 is amended by revising paragraph (c) as follows: � 27.601 Authority and coordination requirements. * * * * * (c) Frequency Coordination. (1) A Guard Band licensee, or a spectrum lessee operating at 775-776 MHz and 805-806 MHz pursuant to a spectrum lease arrangement under �� 1.9030 and 1.9035 of this chapter, must notify Commission-recognized public safety frequency coordinators for the 700 MHz Public Safety band and adjacent-area Guard Band licensees within one business day after the licensee or the spectrum lessee has: * * * * * Add the following new subpart N to Part 27 to read as follows: SUBPART N - 700 MHz PUBLIC/PRIVATE PARTNERSHIP �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1.txt
  • to delete, move or change the operating parameters of any of the user's stations that are covered under the Guard Band licensee's authorization without prior Commission approval, provided such stations comply with Commission Rules and coordination requirements. (c) Frequency Coordination. (1) A Guard Band licensee, or a spectrum lessee operating pursuant to a spectrum lease arrangement under �� 1.9030 and 1.9035 of this chapter, must notify Commission-recognized public safety frequency coordinators for the 700 MHz Public Safety band and adjacent-area Guard Band licensees within one business day after the licensee or the spectrum lessee has: (i) Coordinated a new station or modification of an existing station; or (ii) Filed an application for an individual station license with the Commission. (2) The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1_Erratum.doc
  • to delete, move or change the operating parameters of any of the user's stations that are covered under the Guard Band licensee's authorization without prior Commission approval, provided such stations comply with Commission Rules and coordination requirements. (c) Frequency Coordination. (1) A Guard Band licensee, or a spectrum lessee operating pursuant to a spectrum lease arrangement under �� 1.9030 and 1.9035 of this chapter, must notify Commission-recognized public safety frequency coordinators for the 700 MHz Public Safety band and adjacent-area Guard Band licensees within one business day after the licensee or the spectrum lessee has: (i) Coordinated a new station or modification of an existing station; or (ii) Filed an application for an individual station license with the Commission. (2) The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-243A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-243A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-243A1.txt
  • �� 10-84 (spectrum leasing arrangements), 17553-58 �� 100-111 (license assignments and transfers of control). For de facto transfer leasing arrangements and for license assignments and transfers of control, the Commission adopted ``immediate approval'' procedures. For spectrum manager leasing arrangements, where Commission approval is not required, the Commission adopted ``immediate processing'' procedures. Id. See also 47 C.F.R. �� 1.948(j), 1.9020(e), 1.9030(e), 1.9035(e). 47 U.S.C. � 310(b)(4). Secondary Markets Second Report and Order, 19 FCC Rcd at 17513-16 �� 19-23, 17526-27 � 47, 17554-55 �� 101-103. De facto transfer leasing arrangements and license transfers/assignments not eligible for ``immediate approval'' procedures are subject to ``general approval'' procedures. Spectrum manager leasing arrangements that are not eligible for ``immediate processing'' procedures are subject to the ``general
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-126A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-126A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-126A1.txt
  • to read as follows... � 1.9049 Special Provisions relating to spectrum leasing arrangements involving Mobile Satellite Services. (a) A license issued under Part 25 of the Commission's rules that provides authority for an Ancillary Terrestrial Component will be considered to provide ``exclusive use rights'' for purpose of this Subpart of the rules. (b) For purposes of sections 1.9020(d)(8), 1.9030(d)(8), and 1.9035(d)(4), the licensee's obligation, if any, concerning the E911 requirements in Section 20.18 of this chapter, will, with respect to an Ancillary Terrestrial Component, be specified in the licensing document for the Ancillary Terrestrial Component. (c) The following provision shall apply, in lieu of sections 1.9020(m) and 1.9030(m), with respect to spectrum leasing of an Ancillary Terrestrial Component: (1) Although the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-82A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-82A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-82A1.txt
  • the Final Regulatory Flexibility Analysis and Final Regulatory Flexibility Certification, in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 1.9030(c) and 1.9035(c) of the Commission's rules, 47 C.F.R. �� 1.9030(c), 1.9035(c), that all licensees and de facto transfer lessees of spectrum in the 2305-2320 MHz and 2345-2360 MHz bands are HEREBY DIRECTED to provide Sirius XM Radio, Inc. an inventory of their deployed infrastructure consistent with, and within 30 days of the effective date of, new Section 27.72(b). FEDERAL COMMUNICATIONS COMMISSION Marlene
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-82A1_Rcd.pdf
  • including the Final Regulatory Flexibility Analysis and Final Regulatory Flexibility Certification, in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see5 U.S.C. 801(a)(1)(A). 327. ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 1.9030(c) and 1.9035(c) of the Commission's rules, 47 C.F.R. �� 1.9030(c), 1.9035(c), that all licensees and de facto transfer lessees of spectrum in the 2305-2320 MHz and 2345-2360 MHz bands are HEREBY DIRECTED to provide Sirius XM Radio, Inc. an inventory of their deployed infrastructure consistent with, and within 30 days of the effective date of, new Section 27.72(b). FEDERAL COMMUNICATIONS COMMISSION Marlene
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-57A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-57A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-57A1.txt
  • 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 sections 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 section 1.9020(d)(8), the Mobile Satellite Service licensee's obligation, if any, concerning the E911 requirements in section 20.18 of this chapter, will, with respect to an ATC, be specified in the licensing document for the ATC. (d) The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-32A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-32A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-32A1.txt
  • services. 47 C.F.R. � 1.907. Under these secondary market policies and rules, the service rules and policies applicable to the licensee under its license authorization - including all technical, interference, and operational rules - apply to the spectrum lessee as well. Secondary Markets First Report and Order, 18 FCC Rcd at 20648-49 �� 91-92; see 47 C.F.R.�� 1.9020(c)-(d), 1.9030 (c)-(d), 1.9035(c)-(d). The rules and procedures for spectrum leasing arrangements are set forth in Part 1, Subpart X. 47 C.F.R �� 1.9001 et seq. See Secondary Markets First Report and Order, 18 FCC Rcd at 20607 � 2. Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, WT Docket No. 00-230, Second Report and Order, Order
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4678A1.html
  • 2005. See id. See 47 C.F.R. S: 1.948(d). See Spectracom,LLC, Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 13412 (Enf. Bur. 2006). See Letter from Mike McCarty, Spectracom, to Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, dated November 25, 2006, at 1 ("NAL Response"). See id. See id. See id. See 47 C.F.R. S:S: 1.9030(e) and 1.9035(e). 47 C.F.R. S: 1.948(a). See id. The leasing rules govern the transfer of de facto control pursuant to a spectrum leasing arrangement. Specifically, the Commission relaxed its policies to provide a process for lessors to obtain approval to transfer control of station facilities to lessees. The Commission adopted new rules including Section 1.9030(e) (relating to long term leases) and Section
• http://wireless.fcc.gov/auctions/58/resources/ErinMcGrath.pdf
  • No. 00-230, Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd. 17,503 (2004) ("Second Report and Order"). Leasing �Types Spectrum Manager Lease �See47 C.F.R. � 1.9020. De FactoTransfer Leasing �Long-Term De FactoTransfer Leasing. �More than 360 days. �See47 C.F.R. � 1.9010. �Short-Term De FactoTransfer Leasing. �360 days or less. �See47 C.F.R. � 1.9035. Spectrum Manager Leasing � Licensees must retain de jurecontrol of the license and de facto control over the leased spectrum. � The licensees must: (1)Maintain an active, ongoing oversight role to ensure that the lessee complies with all applicable Commission policies and rules, (2)Retain responsibility for all interactions with the Commission required under the license related to the use of
• http://wireless.fcc.gov/licensing/index.htm?&job=spectrum_leasing
  • of the license and the legal responsibility for meeting the buildout obligation, as well as notifying the Commission that the buildout obligation has been timely-met, is that of the licensee; it can not be delegated to a spectrum lessee or sublessee. For more information on construction or coverage requirements pertaining to spectrum leasing, refer to 1.9020(d) (5), 1.9030(d) (5) and 1.9035(d) (3). Return to Top Arrow [44]Return to Top ULS Searches ULS license and application searches have been modified to include spectrum leasing arrangements and a new specialized search has been added for leases. [45]License Search * Automatically includes both licenses and spectrum leases in the search results unless a box is checked to exclude leases. * The search results page
• http://wireless.fcc.gov/licensing/index.htm?job=spectrum_leasing
  • of the license and the legal responsibility for meeting the buildout obligation, as well as notifying the Commission that the buildout obligation has been timely-met, is that of the licensee; it can not be delegated to a spectrum lessee or sublessee. For more information on construction or coverage requirements pertaining to spectrum leasing, refer to 1.9020(d) (5), 1.9030(d) (5) and 1.9035(d) (3). Return to Top Arrow [44]Return to Top ULS Searches ULS license and application searches have been modified to include spectrum leasing arrangements and a new specialized search has been added for leases. [45]License Search * Automatically includes both licenses and spectrum leases in the search results unless a box is checked to exclude leases. * The search results page
• http://wireless.fcc.gov/licensing/spectrumleasing/index.html
  • of the license and the legal responsibility for meeting the buildout obligation, as well as notifying the Commission that the buildout obligation has been timely-met, is that of the licensee; it can not be delegated to a spectrum lessee or sublessee. For more information on construction or coverage requirements pertaining to spectrum leasing, refer to 1.9020(d) (5), 1.9030(d) (5) and 1.9035(d) (3). Return to Top Arrow [44]Return to Top ULS Searches ULS license and application searches have been modified to include spectrum leasing arrangements and a new specialized search has been added for leases. [45]License Search * Automatically includes both licenses and spectrum leases in the search results unless a box is checked to exclude leases. * The search results page
• http://wireless.fcc.gov/outreach/presentations/blacksburg2008/Access%20to%20BB%20Licensed%20Spectrum%20-%20Branscome%20&%20Brown.pdf
  • transfer of a license from one party to another party. See47 C.F.R. 1.948. Spectrum Lease/Sublease 1. Spectrum Manager Lease Licensee is primarily responsible for a lessee's/sublessee's compliance with the Communication's Act and FCC policies and rules. See47 C.F.R. 1.9020. 2. De FactoTransfer Lease Lessee/Sublesseeis primarily responsible for compliance with the Communication's Act and FCC policies and rules. See47 C.F.R. 1.9030, 1.9035. Secondary Markets for Spectrum Secondary Markets for Spectrum 23 Options for the amount of spectrum and geography that can be obtained in the secondary market for a specific license 1. All of the spectrum and geography 2. A portion of the spectrum and/or geography Secondary Markets for Spectrum Secondary Markets for Spectrum 24 Secondary Markets for Spectrum Secondary Markets for
• http://www.fcc.gov/eb/Orders/2007/DA-07-4678A1.html
  • 2005. See id. See 47 C.F.R. S: 1.948(d). See Spectracom,LLC, Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 13412 (Enf. Bur. 2006). See Letter from Mike McCarty, Spectracom, to Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, dated November 25, 2006, at 1 ("NAL Response"). See id. See id. See id. See 47 C.F.R. S:S: 1.9030(e) and 1.9035(e). 47 C.F.R. S: 1.948(a). See id. The leasing rules govern the transfer of de facto control pursuant to a spectrum leasing arrangement. Specifically, the Commission relaxed its policies to provide a process for lessors to obtain approval to transfer control of station facilities to lessees. The Commission adopted new rules including Section 1.9030(e) (relating to long term leases) and Section