§  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
   authorization;

   (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.

Subpart Y—International Bureau Filing System

   Source:    69 FR 29895 , May 26, 2004, unless otherwise noted.
   Redesignated at  69 FR 40327 , July 2, 2004.