FCC Web Documents citing 1.9040

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

• 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
  • 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 Order''),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A1_Erratum.doc
  • 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 Order''),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A2.txt
  • 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 percent
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A2_Erratum.pdf
  • 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 percent
• 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
  • facto transfer leasing arrangement into the term of the renewed license authorization cannot enable the combined terms of the short-term de facto transfer leasing arrangements to exceed 360 days. The licensee must notify the Commission of such an extension of the spectrum leasing arrangement on the same application it submits for license renewal (see § 1.949 of this part). § 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: 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,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1_Erratum.doc
  • facto transfer leasing arrangement into the term of the renewed license authorization cannot enable the combined terms of the short-term de facto transfer leasing arrangements to exceed 360 days. The licensee must notify the Commission of such an extension of the spectrum leasing arrangement on the same application it submits for license renewal (see § 1.949 of this part). § 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: 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,
• 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
  • had in fact appropriately exercised its residual, non-delegable duties with regard to such actions by its spectrum lessee. The licensee's responsibility to terminate a spectrum lease for violations by the spectrum lessee Background. In the Report and Order, we required that the licensee always retain broad authority to terminate a lease if the spectrum lessee was violating Commission rules. Section 1.9040(a)(i) codified this policy in part, stating: ``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 applicable requirements.'' In its petition, Verizon Wireless asserted that the
• 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
  • Secondary Markets leasing rules, provided that whatever mechanism is established fully protects public safety operations from interference. NPSTC Comments in WT Docket No. 06-169 at 10. See id. See supra Section III.B.1. See Secondary Markets First Report and Order, 18 FCC Rcd at 20664 ¶ 136. Id. Id. at 20664 ¶¶ 137-138. See 47 C.F.R. §§ 1.9020(d)(1), 1.9030(d)(1), 1.9035 and 1.9040(a). We note that because we will now apply secondary markets leasing rules to the 700 MHz Guard Bands, our designated entity rules - specifically the rules regarding material relationships - will apply to these Guard Bands as well. See Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, WT Docket No. 05-211,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1_Erratum.doc
  • Secondary Markets leasing rules, provided that whatever mechanism is established fully protects public safety operations from interference. NPSTC Comments in WT Docket No. 06-169 at 10. See id. See supra Section III.B.1. See Secondary Markets First Report and Order, 18 FCC Rcd at 20664 ¶ 136. Id. Id. at 20664 ¶¶ 137-138. See 47 C.F.R. §§ 1.9020(d)(1), 1.9030(d)(1), 1.9035 and 1.9040(a). We note that because we will now apply secondary markets leasing rules to the 700 MHz Guard Bands, our designated entity rules - specifically the rules regarding material relationships - will apply to these Guard Bands as well. See Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, WT Docket No. 05-211,