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FCC 1.9080
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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.
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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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Goto Section: 1.9060 | 1.10000
Goto Year: 2014 |
2016
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