FCC 1.9080 Revised as of December 4, 2012
Goto Year:2011 |
§ 1.9080 Private commons.
(a) Overview. 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). In a private commons arrangement, the licensee or spectrum
lessee authorizes users of certain communications devices employing
particular technical parameters, as specified by the licensee or
spectrum lessee, to operate under the license authorization. A private
commons arrangement differs from a spectrum leasing arrangement in
that, unlike spectrum leasing arrangements, a private commons
arrangement does not involve individually negotiated spectrum access
rights with entities that seek to provide network-based services to
end-users. A private commons arrangement does not affect unlicensed
operations in a particular licensed band to the extent that they are
permitted pursuant to part 15.
(b) Licensee/spectrum lessee responsibilities. As the manager of any
private commons, the licensee or spectrum lessee:
(1) Establishes the technical and operating terms and conditions of use
by users of the private commons, including those relating to the types
of communications devices that may be used within the private commons,
consistent with the terms and conditions of the underlying license
(2) Retains de facto control of the use of spectrum by users within the
private commons, including maintaining reasonable oversight over the
users' use of the spectrum in the private commons so as to ensure that
the use of the spectrum, and communications equipment employed, comply
with all applicable technical and service rules (including requirements
relating to radiofrequency radiation) and maintaining the ability to
ensure such compliance; and,
(3) Retains direct responsibility for ensuring that the users of the
private commons, and the equipment employed, comply with all applicable
technical and service rules, including requirements relating to
radiofrequency radiation and requirements relating to interference.
(c) Notification requirements. Prior to permitting users to commence
operations within a private commons, the licensee or spectrum lessee
must notify the Commission, using FCC Form 608, that it is establishing
a private commons arrangement. This notification must include
information that describes: the location(s) or coverage area(s) of the
private commons under the license authorization; the term of the
arrangement; the general terms and conditions for users that would be
gaining spectrum access to the private commons; the technical
requirements and equipment that the licensee or spectrum lessee has
approved for use within the private commons; and, the types of
communications uses that are to be allowed within the private commons.
[ 69 FR 77558 , Dec. 27, 2004]
Effective Date Note: At 69 FR 77558 , Dec. 27, 2004, § 1.9080 was added.
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.
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Subpart Y—International Bureau Filing System
Source: 69 FR 29895 , May 26, 2004, unless otherwise noted. Redesignated
at 69 FR 40327 , July 2, 2004.
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