Goto Section: 1.9045 | 1.9047 | Table of Contents
Revised as of October 1, 2016
Goto Year:2015 |
§ 1.9046 Special provisions related to spectrum manager leasing in the
Citizens Broadband Radio Service.
(a) Scope. Subject to § 96.32 of this chapter, a Priority Access
Licensee, as defined in § 96.3 of this chapter, is permitted to engage
in spectrum manager leasing for any portion of its spectrum or
geographic area, outside of the PAL Protection Area, for any bandwidth
or duration period of time within the terms of the license with any
entity that has provided a certification to the Commission in
accordance with this section or pursuant to the general notification
procedures of § 1.9020(e).
(b) Certification. The lessee seeking to engage in spectrum manager
leasing pursuant to this section must certify with the Commission that
it meets the same eligibility and qualification requirements applicable
to the licensee before entering into a spectrum manger leasing
arrangement with a Priority Access Licensee, as defined in § 96.3 of
this chapter and maintain the accuracy of such certifications.
(1) Priority Access Licensees, as defined in § 96.3 of this chapter, are
deemed to meet the certification requirements.
(2) Entities may also certify by using the Universal Licensing System
and FCC Form 608.
(c) Notifications regarding spectrum manager leasing arrangements.
Prior to lessee operation, the licensee seeking to engage in spectrum
manager leasing pursuant to § 1.9020(e) must submit notification of the
leasing arrangement to the Spectrum Access System Administrator, as
defined in § 96.3 of this chapter, by electronic filing. The
notification shall include the following information:
(1) Lessee contact information including name, address, telephone
number, fax number, email address;
(2) Lessee FCC Registration Number (FRN);
(3) Name of Real Party in Interest and related FCC Registration Number
(4) The specific spectrum leased (in terms of amount of bandwidth and
geographic area involved) including the call sign(s) affected by the
(5) The duration of the lease.
(d) Expiration, extension, or termination of a spectrum leasing
arrangement. (1) Absent Commission termination or except as provided in
paragraph (d)(2) or (3) of this section, a spectrum leasing arrangement
entered into pursuant to this section will expire on the termination
date set forth in the spectrum leasing notification.
(2) A spectrum leasing arrangement may be extended beyond the initial
term set forth in the spectrum leasing notification for an additional
period not to exceed the term of the Priority Access License, as
defined in § 96.3 of this chapter, provided that the licensee notifies
the Spectrum Access System Administrator, as defined in § 96.3 of this
chapter, of the extension in advance of operation under the extended
term and does so pursuant to the notification procedures in this
(3) If a spectrum leasing arrangement is terminated earlier than the
termination date set forth in the notification, either by the licensee
or by the parties' mutual agreement, the licensee must file a
notification with the Spectrum Access System Administrator, no later
than ten (10) days after the early termination, indicating the date of
the termination. If the parties fail to put the spectrum leasing
arrangement into effect, they must so notify the Spectrum Access System
Administrator as promptly as practicable.
(e) The Commission will place information concerning the commencement,
an extension or an early termination of a spectrum leasing arrangement
on public notice.
[ 81 FR 49065 , July 26, 2016]
Effective Date Note: At 81 FR 49065 , July 26, 2016, § 1.9046 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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Goto Section: 1.9045 | 1.9047
Goto Year: 2015 |
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