§ 1.9049   Special provisions relating to spectrum leasing arrangements
involving the ancillary terrestrial component of Mobile Satellite Services.

   (a) A license issued under part 25 of the Commission's rules that
   provides authority for an ATC will be considered to provide “exclusive
   use rights” for purpose of this subpart of the rules.

   (b) For the purpose of this subpart, a Mobile Satellite Service
   licensee with an ATC authorization may enter into a spectrum manager
   leasing arrangement with a spectrum lessee (see § 1.9020).
   Notwithstanding the provisions of § § 1.9030 and 1.9035, a MSS licensee
   is not permitted to enter into a de facto transfer leasing arrangement
   with a spectrum lessee.

   (c) For purposes of § 1.9020(d)(8), the Mobile Satellite Service
   licensee's obligation, if any, concerning the E911 requirements in
   § 20.18 of this chapter, will, with respect to an ATC, be specified in
   the licensing document for the ATC.

   (d) The following provision shall apply, in lieu of § 1.9020(m), with
   respect to spectrum leasing of an ATC:

   (1) Although the term of a spectrum manager leasing arrangement may not
   be longer than the term of the ATC license, a licensee and spectrum
   lessee that have entered into an arrangement, the term of which
   continues to the end of the current term of the license may, contingent
   on the Commission's grant of a modification or renewal of the license
   to extend the license term, extend the spectrum leasing arrangement
   into the new license term. The Commission must be notified of the
   extension of the spectrum leasing arrangement at the same time that the
   licensee submits the application seeking an extended license term. In
   the event the parties to the arrangement agree to extend it into the
   new license term, the spectrum lessee may continue to operate
   consistent with the terms and conditions of the expired license,
   without further action by the Commission, until such time as the
   Commission makes a final determination with respect to the extension or
   renewal of the license.

   (2) Reserved.

   [ 76 FR 31259 , May 31, 2011]

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