FCC Web Documents citing 1.9020

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-133A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-133A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-133A1.txt
  • 1, Subpart X (``Spectrum Leasing''). Secondary Markets First Report and Order, 18 FCC Rcd at 20612-13 ¶ 13. Id. In this type of spectrum leasing arrangement, the licensee retains de jure control. Id. Id. at 20610-12 ¶ 12. In this type of lease arrangement, the licensee retains both de jure and de facto control. Id. See 47 C.F.R. ¶¶ 1.9010, 1.9020, 1.9030, 1.9035. Secondary Markets First Report and Order, 18 FCC Rcd at 20644-45 ¶ 85. See Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Second Report and Order, Order on Reconsideration and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503, 17534-35 ¶ 64 (2004) (``Secondary Markets Second Report and Order''). Secondary
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  • entity's intent to construct in such area, the Public Safety Broadband Licensee and the public safety entity may proceed with a spectrum leasing arrangement, which must be filed with the Commission prior to the public safety entity commencing any operations. The spectrum leasing arrangement must take the form of a spectrum manager leasing arrangement under the rules specified in § 1.9020 of this chapter, and incorporate the following conditions: (a) The network must provide broadband operations; (b) The network must be fully interoperable with the Shared Wireless Broadband Network; (c) The network must be available for use by any public safety entity in the area; (d) The network must satisfy any other terms or conditions required by the Public Safety Broadband
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-230A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-230A1.pdf
  • service provider that resells service to the public for profit. See Implementation of Section 6002(B) of the Omnibus Budget Reconciliation Act of 1993, WT Docket No. 05-71, Tenth Report, 20 FCC Rcd 15908, 15920 ¶ 27 (2005). Second Further Notice, 23 FCC Rcd at 8092 ¶ 125. PSST Comments at 10. PSST Comments at 11-12 (citing 47 C.F.R. §§ 1.9010, 1.9020 and 90.1440). PSST Comments at 12 (citing Second Further Notice at ¶ 115; Appendix, Section II). PSST Comments at 12. PSST Comments at 14 (citing 47 C.F.R. § 90.179). PSST Comments at 14. PSST Comments at 14. PSST Comments at 15. PSST Comments at 15. PSST Comments at 16. The PSST further explained that while ``overall control of these priority
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  • Bureau: On October 6, 2003, the Commission released a Report and Order and Further Notice of Proposed Rulemaking in the above-captioned proceeding. A summary of the Secondary Markets Report and Order was published in the Federal Register on November 25, 2003. The effective date of the Commission's new secondary market rules, except for sections 1.913(a), 1.913(a)(3), 1.948(j), 1.2002(d), 1.2003, 1.9003, 1.9020(e), 1.9030(e), and 1.9035(e) of the Commission's rules, is February 2, 2004. In order to fully implement all aspects of the Secondary Markets Report and Order, the Commission must receive approval from the Office of Management and Budget (OMB) for the revised FCC Form 603 (Form 603) required under the newly adopted rules and must implement extensive changes to its Universal
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  • Notice of Proposed Rulemaking, 18 FCC Rcd 20604 (2003) modified by Erratum, 18 FCC Rcd 24817 (2003) (``Secondary Markets Report and Order''), Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503 (2004) (``Secondary Markets Second Report and Order''); see 47 C.F.R. §§ 1.913, 1.948, 1.2002, 1.2003, 1.8002, 1.9001, 1.9003, 1.9005, 1.9010, 1.9020, 1.9030, 1.9035, 1.9040, 1.9045, 1.9048, 1.9050, 1.9055, 1.9060, 1.9080, 24.239, 27.4, 27.10, 27.12, 90.20 (2004). 47 U.S.C. § 310(b)(4). Id. Rules and Policies on Foreign Participation in the U.S. Telecommunications Market; Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23896, ¶ 9, 23913, ¶ 50, and 23940, ¶¶ 111-12 (1997)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A1_Erratum.doc
  • Notice of Proposed Rulemaking, 18 FCC Rcd 20604 (2003) modified by Erratum, 18 FCC Rcd 24817 (2003) (``Secondary Markets Report and Order''), Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503 (2004) (``Secondary Markets Second Report and Order''); see 47 C.F.R. §§ 1.913, 1.948, 1.2002, 1.2003, 1.8002, 1.9001, 1.9003, 1.9005, 1.9010, 1.9020, 1.9030, 1.9035, 1.9040, 1.9045, 1.9048, 1.9050, 1.9055, 1.9060, 1.9080, 24.239, 27.4, 27.10, 27.12, 90.20 (2004). 47 U.S.C. § 310(b)(4). Id. Rules and Policies on Foreign Participation in the U.S. Telecommunications Market; Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23896, ¶ 9, 23913, ¶ 50, and 23940, ¶¶ 111-12 (1997)
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  • Notice of Proposed Rulemaking, 18 FCC Rcd 20604 (2003) modified by Erratum, 18 FCC Rcd 24817 (2003) ("Secondary Markets Report and Order"), Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503 (2004) ("Secondary Markets Second Report and Order"); see 47 C.F.R. §§ 1.913, 1.948, 1.2002, 1.2003, 1.8002, 1.9001, 1.9003, 1.9005, 1.9010, 1.9020, 1.9030, 1.9035, 1.9040, 1.9045, 1.9048, 1.9050, 1.9055, 1.9060, 1.9080, 24.239, 27.4, 27.10, 27.12, 90.20 (2004). 9 C. Section 310 Decision Flowchart The following chart provides a general outline of how the Commission analyzes foreign ownership under Section 310 of the Act. 10 SECTION III - FOREIGN OWNERSHIP ANALYSIS UNDER SECTION 310(B)(4) A. Analytical Framework Section 310(b)(4) of the Act establishes
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A2_Erratum.pdf
  • Notice of Proposed Rulemaking, 18 FCC Rcd 20604 (2003) modified by Erratum, 18 FCC Rcd 24817 (2003) ("Secondary Markets Report and Order"), Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503 (2004) ("Secondary Markets Second Report and Order"); see 47 C.F.R. §§ 1.913, 1.948, 1.2002, 1.2003, 1.8002, 1.9001, 1.9003, 1.9005, 1.9010, 1.9020, 1.9030, 1.9035, 1.9040, 1.9045, 1.9048, 1.9050, 1.9055, 1.9060, 1.9080, 24.239, 27.4, 27.10, 27.12, 90.20 (2004). 9 C. Section 310 Decision Flowchart The following chart provides a general outline of how the Commission analyzes foreign ownership under Section 310 of the Act. 10 SECTION III - FOREIGN OWNERSHIP ANALYSIS UNDER SECTION 310(B)(4) A. Analytical Framework Section 310(b)(4) of the Act establishes
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  • Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets (Secondary Markets Report and Order). A summary of the Secondary Markets Report and Order was published in the Federal Register on November 25, 2003. See 68 Fed. Reg. 66252 (Nov. 25, 2003). The Federal Register summary prescribed that, except for sections 1.913(a), 1.913(a)(3), 1.948(j), 1.2002(d), 1.2003, 1.9003, 1.9020(e), 1.9030(e), and 1.9035(e) of the Commission's rules, the various rules adopted in the Secondary Markets Report and Order are to be effective January 26, 2004. (Sections 1.913(a), 1.913(a)(3), 1.2002(d), 1.2003, 1.9003, 1.9020(e), 1.9030(e), and 1.9035(e) of the Commission's rules contain information collections requirements that are not effective until approved by the Office of Management and Budget, and section 1.948(j) of
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  • that the subject Applications transferring control of the Debtors from Broz to Calcutt be denied or designated for hearing. Specifically, the May 5, 2004 Petition and May 18, 2004 Supplement raise questions regarding the Debtors' and Calcutt's qualifications to be a licensee. On September 22, 2004, the Debtors and Dobson entered into a spectrum manager leasing agreement, pursuant to section 1.9020 of the Commission's rules. The parties filed Lease Notifications of these spectrum manager leases on October 1, 2004. However, the spectrum lease agreement would only become effective upon Bankruptcy Court approval of the sale of the Debtors' assets to Dobson. The Applicants received Bankruptcy Court approval on December 16, 2004, and they disclosed that they closed the sale of the
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  • EB-04-IH-0326 Account No. 200632080002 FRN No. 0003865888 FRN No. 0004237178 ORDER Adopted: October 6, 2005 Released: October 7, 2005 By the Chief, Enforcement Bureau: In this Order, we adopt a Consent Decree terminating an investigation by the Enforcement Bureau (the ``Bureau'') into possible violations by commonly-owned licensees ART Licensing Corp. (``ART'') and First Avenue Networks, Inc. (``First Avenue'') of section 1.9020 of the Commission's Rules, relating to spectrum manager leasing arrangements. The Bureau, ART and First Avenue have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe
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  • other application for judicial review has passed; ``Investigation'' means the investigation conducted by the Bureau of compliance by ART and First Avenue with the Spectrum Manager Leasing Arrangements Rule, in connection with the arrangements disclosed in the ART Applications and the First Avenue Applications; ``Parties'' means the Bureau, ART, and First Avenue; and, ``Spectrum Manager Leasing Arrangements Rule'' means Section 1.9020 of the Commission's Rules, 47 C.F.R. § 1.9020. III. BACKGROUND ART and First Avenue are commonly-owned, commercial and/or private licensees that hold exclusive use rights in one or more of the Wireless Radio Services referenced in Section 1.9005 of the Commission's Rules, 47 C.F.R. § 1.9005. On May 6, 2004, ART filed the ART Applications, and between May 6 and
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  • a licensee is serving a ``very rural area'' or a very large geographic area. Licensees may satisfy these construction requirements through lease agreements, provided these arrangements satisfy the conditions set forth in the Secondary Markets Report and Order. (See Secondary Markets Report and Order, 18 FCC Rcd at 20655, 20667, 20676 ¶¶ 114-115, 146, 177; see also 47 C.F.R. §§ 1.9020(d)(5) (governing spectrum manager leasing arrangements), 1.9030(d)(5) (governing long-term de facto transfer leasing arrangements), 1.9035(d)(3) (governing short-term de facto transfer leasing arrangements). The Commission intent in providing licensees with a substantial service option is not to mandate, but to encourage and facilitate construction in less populated areas by providing licensees with sufficient flexibility to develop unique business plans that do not
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  • apply to several additional wireless services. A list of all wireless services subject to these rules is set forth in Section 1.9005 of the Commission's rules. Spectrum leasing notifications and applications will be processed using existing FCC Form 603-T (FCC Wireless Telecommunications Bureau Application or Notification for Spectrum Leasing Arrangement), subject to the applicable processing rules set forth in Sections 1.9020(e)(1) (for spectrum manager leases), 1.9030(e)(1) (for long-term de facto transfer leases), and 1.9035(e)(1) (for short-term de facto transfer leases). (Note that any spectrum leasing notifications or applications that would otherwise qualify for the immediate processing procedures set forth in Sections 1.9020(e)(2), 1.9030(e)(2), or 1.9035(e)(2) will not be processed under these rules, at this time, pending OMB approval of the information
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  • to allow parties to submit spectrum leasing filings while a permanent leasing form was being developed. See Wireless Telecommunications Bureau Announces FCC Form 603-T Is Available and Provides Guidance Regarding the Interim Process for Filing Spectrum Leasing Notifications and Applications, Public Notice, DA 04-252 (rel. Feb. 2, 2004). Second Report and Order, 19 FCC Rcd at 261. 47 C.F.R. §§ 1.9020(i), 1.9030(h). 47 C.F.R. § 1.9035(i). 47 C.F.R. §§ 1.9020(h)(3), 1.9030(g)(3). . 47 C.F.R. § 1.913(b). 47 C.F.R. § 0.331, 1.925. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 hÇ hÇ " gdÇ 9 : ï ÷ hÇ hk hk ÿ‰PNG r v ‡ƒ"rÕ9 I'6› Ãd³Y›Í†aX Ëåò;
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  • of control of the Licenses to Calcutt, as Receiver (the Michigan Receivership Applications''). Petitioners contested the Michigan Receivership Applications, filing a petition to deny and a supplemental pleading, dated May 5, 2004 and May 18, 2004, respectively. While those applications remained pending, on September 22, 2004, the Debtors and Dobson entered into a spectrum manager leasing agreement, pursuant to section 1.9020 of the Commission's rules. On October 1, 2004, the Applicants filed the Assignment Applications seeking consent to assign the Licenses from the Debtors to Dobson, and on that same date, also filed the Lease Notifications. The Applicants explained that the spectrum lease agreement would only become effective upon Bankruptcy Court approval of the sale of the Debtors' assets to Dobson.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1108A1.pdf
  • Public Safety Broadband Licensee, and the Public Safety Broadband Licensee will be obligated to permit secondary commercial operations on the public safety broadband spectrum pursuant to the spectrum leasing arrangement. The Commission required that this spectrum leasing arrangement take the form of a long-term spectrum manager leasing arrangement for the full term of the license (See 47 C.F.R. §§ 1.9010, 1.9020). This type of leasing arrangement enables a licensee to accord its spectrum lessee a significant degree of operational autonomy without relinquishing de factocontrol over the licensed spectrum. At the same time, the spectrum lessee remains ultimately responsible for ensuring that the spectrum is used in a manner that complies with the applicable regulatory and statutory requirements. As further conditions on
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  • Helen Domenici, Chief, International Bureau, from William T. Lake, Counsel to Globalstar Licensee LLC, and Joe D. Edge, Counsel to Open Range Communications, Inc. (``Globalstar/Open Range Spectrum Lease Notification''). In that letter, Open Range stated that the spectrum lease agreement was consistent with the Commission's existing Part 1 rules for ``spectrum manager'' leases. Id. at 2; see 47 CFR § 1.9020. Operations of Globalstar's first-generation satellites have over time become increasingly impacted by degradation in the S-band subsystems that transmit downlink signals to mobile terminals. Globalstar surmised that the S-band malfunctions were caused by solar irradiation. Globalstar, Inc. Quarterly Report (SEC Form 10-Q) filed May 12, 2008 (``Globalstar May 2008 10-Q Report'') at 17. Malfunction or failure of a Globalstar satellite's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1740A1_Rcd.pdf
  • to Helen Domenici, Chief, International Bureau, from William T. Lake, Counsel to Globalstar Licensee LLC, and Joe D. Edge, Counsel to Open Range Communications, Inc. ("Globalstar/Open Range Spectrum Lease Notification"). In that letter, Open Range stated that the spectrum lease agreement was consistent with the Commission's existing Part 1 rules for "spectrum manager" leases. Id.at 2; see 47 CFR § 1.9020. 13116 Federal Communications Commission DA 10-1740 generation terminals would provide one-way, transmit-only14location-tracking and text-messaging, transmitting to Globalstar satellites in Globalstar's assigned L-band MSS uplink frequencies (1610- 1618.725 MHz).15 8. Globalstar and Open Range planned to deploy second-generation MSS/ATC mobile terminals when a second-generation Globalstar MSS system went into operation. The second-generation terminals would include a chipset capable of supporting two-way
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  • construction requirements for PCS Broadband Service licenses WPOJ722 and WPOJ724 filed by ComScape Communications, Inc. on June 29, 2009, and amended on March 15, 2010, March 11, 2011, and March 29, 2011, ARE HEREBY DENIED. IT IS FURTHER ORDERED, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i), and sections 0.131, 0.331, 1.948, 1.949, and 1.9020 of the Commission's rules, 47 C.F.R. §§ 0.131, 0.331, 1.948, 1.949, and 1.9020, that the above-captioned applications for renewal of license, notification of spectrum leasing arrangement, and assignment of license, ARE HEREBY DISMISSED AS MOOT. FEDERAL COMMUNICATIONS COMMISSION Thomas P. Derenge Deputy Chief, Mobility Division Wireless Telecommunications Bureau FCC File Nos. 0003886129, 0003886133 (filed June 29, 2009, amended Mar. 15,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1107A1_Rcd.pdf
  • construction requirements for PCS Broadband Service licenses WPOJ722 and WPOJ724 filed by ComScape Communications, Inc. on June 29, 2009, and amended on March 15, 2010, March 11, 2011, and March 29, 2011, ARE HEREBY DENIED. 21. ITIS FURTHER ORDERED, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i), and sections 0.131, 0.331, 1.948, 1.949, and 1.9020 of the Commission's rules, 47 C.F.R. §§0.131, 0.331, 1.948, 1.949, and 1.9020, that the above-captioned applications for renewal of license, notification of spectrum leasing arrangement, and assignment of license, ARE HEREBY DISMISSED AS MOOT. FEDERAL COMMUNICATIONS COMMISSION Thomas P. Derenge Deputy Chief, Mobility Division Wireless Telecommunications Bureau 68Id.at 9537-38 ¶¶ 6-7. 69Id.at 9538 ¶ 8. 8838
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  • Spectrum Manager Sublease Call Sign or Lead Call Sign: WPTF727 Lease Identifier: L000001547 Radio Service Code(s): CW LN 6036CWSL081 Licensee: New Cingular Wireless PCS, LLC 08/05/2008 Q Lessee: RCC Minnesota, Inc. Sublessee: W. Stephen Cannon Spectrum Manager Sublease Call Sign or Lead Call Sign: WPUI366, KNLH723 Lease Identifier: L000001763, L000002409 Radio Service Code(s): CW 1 Waiver of 47 C.F.R. § 1.9020(e)(1)(ii), 1.913(b) granted. Page 31 Purpose Key: AA Assignment of Authorization LM Modification of a Lease/Sublease/Private Commons Arrangement AM Amendment LN New Lease/Sublease/Private Commons Arrangement AR DE Annual Report LT Transfer of Control of a Lessee/Sublessee LC Cancel of a Lease/Sublease/Private Commons RE DE Reportable Event Arrangement TC Transfer of Control LE Extend the Term of a Lease/Sublease/Private Commons WD Withdrawal
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  • licensee must use all legal means necessary to enforce compliance. Licensee responsibility for interactions with the Commission, including all filings, required under the license authorization and applicable service rules directly related to the leased spectrum. The licensee remains responsible for the following interactions with the Commission: The licensee must file the necessary notification with the Commission, as required under § 1.9020(d) of this subpart. The licensee is responsible for making all required filings (e.g., applications, notifications, correspondence) associated with the license authorization that are directly affected by the spectrum lessee's use of the licensed spectrum. The licensee may use agents (e.g., counsel, engineering consultants) to complete these filings, so long as the licensee exercises effective control over its agents' actions and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1_Erratum.doc
  • licensee must use all legal means necessary to enforce compliance. Licensee responsibility for interactions with the Commission, including all filings, required under the license authorization and applicable service rules directly related to the leased spectrum. The licensee remains responsible for the following interactions with the Commission: The licensee must file the necessary notification with the Commission, as required under § 1.9020(d) of this subpart. The licensee is responsible for making all required filings (e.g., applications, notifications, correspondence) associated with the license authorization that are directly affected by the spectrum lessee's use of the licensed spectrum. The licensee may use agents (e.g., counsel, engineering consultants) to complete these filings, so long as the licensee exercises effective control over its agents' actions and
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  • 1.9005 is amended by redesignating paragraphs (h) through (bb) as paragraphs (j) through (dd) and adding new paragraphs (h) and (i) to read as follows: § 1.9005 Included services. * * * * * (h) The Broadband Radio Service (part 27 of this chapter); (i) The Educational Broadband Service (part 27 of this chapter); * * * * * Section 1.9020 is amended by revising paragraph (d)(2)(i) to read as follows: § 1.9020 Spectrum manager leasing arrangements. * * * * * (d) * * * (2)(i) The spectrum lessee must meet the same eligibility and qualification requirements that are applicable to the licensee under its license qualification, except that spectrum lessees entering into spectrum leasing arrangements involving licensees in the
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  • leasing arrangements may rely upon the activities of their spectrum lessees for purposes of complying with the build-out requirements, but that licensees using short-term spectrum leasing arrangements may not be counted for the purposes of the build-out rules. See Secondary Markets Report and Order, 18 FCC Rcd at 20655, 20667, 20676 ¶¶ 114-115, 146, 177; see also 47 C.F.R. §§ 1.9020(d)(5) (governing spectrum manager leasing arrangements), 1.9030(d)(5) (governing long-term de facto transfer leasing arrangements), 1.9035(d)(3) (governing short-term de facto transfer leasing arrangements). Accordingly, provided the leasing arrangement at issue satisfies the conditions and requirements set forth in the Secondary Markets Report and Order, a lessee may satisfy the construction obligations on behalf of the licensee. We note, however, that the construction
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  • only with other designated entities and entrepreneurs because we stated that ``[u]nder spectrum manager leasing, we [would] require that spectrum lessees satisfy the eligibility and qualification requirements that are applicable to licensees under their authorization.'' While the language could conceivably refer to our eligibility requirements for designated entity and entrepreneur eligibility rather than to the general eligibility requirements in section 1.9020 of our rules, as one commenter acknowledges, ``[i]t is clear from the context that the Commission was referring to these general eligibility requirements... .'' Nevertheless, to avoid any possibility of confusion, we will also amend the language of our rules to clarify that, subject to the other eligibility restrictions set forth in the Report and Order and in section 1.9020(d)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-133A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-133A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-133A1.txt
  • 1, Subpart X (``Spectrum Leasing''). Secondary Markets First Report and Order, 18 FCC Rcd at 20612-13 ¶ 13. Id. In this type of spectrum leasing arrangement, the licensee retains de jure control. Id. Id. at 20610-12 ¶ 12. In this type of lease arrangement, the licensee retains both de jure and de facto control. Id. See 47 C.F.R. ¶¶ 1.9010, 1.9020, 1.9030, 1.9035. Secondary Markets First Report and Order, 18 FCC Rcd at 20644-45 ¶ 85. See Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Second Report and Order, Order on Reconsideration and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503, 17534-35 ¶ 64 (2004) (``Secondary Markets Second Report and Order''). Secondary
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.txt
  • 2006, section 8, page 273, Table 417. For 2002, Census Bureau data indicate that the total number of county, municipal, and township governments nationwide was 38,967, of which 35,819 were small. Id. See SBA, Programs and Services, SBA Pamphlet No. CO-0028, at page 40 (July 2002). This figure is as of March 29, 2006. See generally 47 C.F.R. §§ 1.948, 1.9020(i), 1.9030(h), (i). See 5 U.S.C. § 603. See id. § 801(a)(1)(A). See generally 5 U.S.C. § 603. The RFA, see 5 U.S.C. §§ 601 - 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996). See 5 U.S.C. § 603(a). See id. See, e.g., Competitive
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.pdf
  • entity's intent to construct in such area, the Public Safety Broadband Licensee and the public safety entity may proceed with a spectrum leasing arrangement, which must be filed with the Commission prior to the public safety entity commencing any operations. The spectrum leasing arrangement must take the form of a spectrum manager leasing arrangement under the rules specified in § 1.9020 of this chapter, and incorporate the following conditions: (a) The network must provide broadband operations; (b) The network must be fully interoperable with the Shared Wireless Broadband Network; (c) The network must be available for use by any public safety entity in the area; (d) The network must satisfy any other terms or conditions required by the Public Safety Broadband
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1_Erratum.doc
  • entity's intent to construct in such area, the Public Safety Broadband Licensee and the public safety entity may proceed with a spectrum leasing arrangement, which must be filed with the Commission prior to the public safety entity commencing any operations. The spectrum leasing arrangement must take the form of a spectrum manager leasing arrangement under the rules specified in § 1.9020 of this chapter, and incorporate the following conditions: (a) The network must provide broadband operations; (b) The network must be fully interoperable with the Shared Wireless Broadband Network; (c) The network must be available for use by any public safety entity in the area; (d) The network must satisfy any other terms or conditions required by the Public Safety Broadband
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1.txt
  • WT Docket No. 06-150 at 17. See, e.g., Howard/Javed Comments in WT Docket No. 06-150 at 28; Vermont Department of Public Service et al. Comments in WT Docket No. 06-150 at 12. See Secondary Markets Report and Order, 18 FCC Rcd at 20655 ¶¶ 114-115 (for spectrum manager leases), 20667 ¶146 (for de facto transfer leases). See also 47 C.F.R. 1.9020(d)(5), 1.9030(d)(5). 700 MHz Commercial Services Notice, 21 FCC Rcd at 9372-73 ¶¶ 57-59. Access Spectrum et al. Comments in WT Docket No. 06-150 at 29-31. DIRECTV/EchoStar Comments in WT Docket No. 06-150 at 10. Blooston Comments in WT Docket No. 06-150 at 5, Corr Comments in WT Docket No. 06-150 at 10-12. See also Qualcomm Comments in WT Docket No.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1_Erratum.doc
  • WT Docket No. 06-150 at 17. See, e.g., Howard/Javed Comments in WT Docket No. 06-150 at 28; Vermont Department of Public Service et al. Comments in WT Docket No. 06-150 at 12. See Secondary Markets Report and Order, 18 FCC Rcd at 20655 ¶¶ 114-115 (for spectrum manager leases), 20667 ¶146 (for de facto transfer leases). See also 47 C.F.R. 1.9020(d)(5), 1.9030(d)(5). 700 MHz Commercial Services Notice, 21 FCC Rcd at 9372-73 ¶¶ 57-59. Access Spectrum et al. Comments in WT Docket No. 06-150 at 29-31. DIRECTV/EchoStar Comments in WT Docket No. 06-150 at 10. Blooston Comments in WT Docket No. 06-150 at 5, Corr Comments in WT Docket No. 06-150 at 10-12. See also Qualcomm Comments in WT Docket No.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-230A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-230A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-230A1.txt
  • service provider that resells service to the public for profit. See Implementation of Section 6002(B) of the Omnibus Budget Reconciliation Act of 1993, WT Docket No. 05-71, Tenth Report, 20 FCC Rcd 15908, 15920 ¶ 27 (2005). Second Further Notice, 23 FCC Rcd at 8092 ¶ 125. PSST Comments at 10. PSST Comments at 11-12 (citing 47 C.F.R. §§ 1.9010, 1.9020 and 90.1440). PSST Comments at 12 (citing Second Further Notice at ¶ 115; Appendix, Section II). PSST Comments at 12. PSST Comments at 14 (citing 47 C.F.R. § 90.179). PSST Comments at 14. PSST Comments at 14. PSST Comments at 15. PSST Comments at 15. PSST Comments at 16. The PSST further explained that while ``overall control of these priority
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-243A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-243A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-243A1.txt
  • 4, 17509-46 ¶¶ 10-84 (spectrum leasing arrangements), 17553-58 ¶¶ 100-111 (license assignments and transfers of control). For de facto transfer leasing arrangements and for license assignments and transfers of control, the Commission adopted ``immediate approval'' procedures. For spectrum manager leasing arrangements, where Commission approval is not required, the Commission adopted ``immediate processing'' procedures. Id. See also 47 C.F.R. §§ 1.948(j), 1.9020(e), 1.9030(e), 1.9035(e). 47 U.S.C. § 310(b)(4). Secondary Markets Second Report and Order, 19 FCC Rcd at 17513-16 ¶¶ 19-23, 17526-27 ¶ 47, 17554-55 ¶¶ 101-103. De facto transfer leasing arrangements and license transfers/assignments not eligible for ``immediate approval'' procedures are subject to ``general approval'' procedures. Spectrum manager leasing arrangements that are not eligible for ``immediate processing'' procedures are subject to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-254A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-254A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-254A1.txt
  • the licensee has ``unfettered use of all facilities and equipment'', controls daily operations, hires and supervises station personnel, pays station operating expenses, and receives revenues and profits from station operation. Secondary Markets Report and Order at ¶¶ 10 and 51-81. Secondary Markets Report and Order, 18 FCC Rcd at ¶ 63. Id. at ¶65; see also 47 C.F.R. §§ 1.9010; 1.9020. Spectrum Lease Notification; See generally Secondary Markets Report and Order, 18 FCC Rcd at ¶124; Commission Form 608 (``FCC Application or Notification Form for Spectrum Leasing Arrangement'') (information and certifications submitted by the licensee and spectrum lessee when notifying the Commission that the licensee and spectrum lessee seek to enter into a spectrum manager leasing arrangement). The agreement includes the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-83A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-83A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-83A1.txt
  • at 24, Clearwire Comments (filed Jan. 10, 2005) at 11-12. See 47 C.F.R. §§ 1.9001-1.980. See 47 C.F.R. § 90.529. 1995, Pub. L. No. 104-4, 109 Stat. 66. That Act is designed ``to end the imposition, in the absence of full consideration by Congress, of Federal mandates on State, local, and tribal governments without adequate funding.'' Id. 47 C.F.R. § 1.9020. 47 C.F.R. § 1.9030. 47 C.F.R. § 1.9003. 47 C.F.R. § 1.9003. 47 C.F.R. § 1.9020(b)(2), 47 C.F.R. § 1.9030(d)(2). See 47 C.F.R. § 27.1201 for EBS eligibility requirements. 47 C.F.R. § 1.9020(d)(2), 1.9030(d)(2). See 47 C.F.R. 90.529(a)(1); Public Safety 700 MHz Band-State License Option to Apply Runs Through December 31, 2001, Public Notice, 16 FCC Rcd 3547 (2001). 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-126A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-126A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-126A1.txt
  • Section 1.9005 is amended revising the first sentence of the introductory text and by adding paragraph (jj) to read as follows: § 1.9005 Included services. The spectrum leasing policies and rules of this subpart apply to the following services: * * * * * (jj) The Ancillary Terrestrial Component of a Mobile Satellite Service (part 25 of this chapter). Section 1.9020 is amended by revising paragraph (e)(2)(i)(A) to read as follows: § 1.9020 Spectrum manager leasing arrangements. * * * * * (e) * * * * * * * * * * (2) * * * * * (i) * * * * * (A) The license does not involve spectrum that may be used to provide interconnected mobile voice
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.txt
  • paras. 82-83. See, e.g., 47 C.F.R. § 1.2112(a). Because applicants for Mobility Fund Phase I support will not be applying for designated entity status, only subsection (a) of 47 C.F.R. § 1.2112 will be applicable. See 47 C.F.R. § 1.2112(a). . We recognize that an applicant whose access to spectrum derives from a spectrum manager leasing arrangement pursuant to section 1.9020 of the Commission's rules may have a greater burden than other licensees and spectrum lessees to demonstrate through the execution of contractual conditions in its leasing arrangements that it has the necessary access to spectrum required to qualify for disbursement of Mobility Fund Phase I support. See, e.g., 47 C.F.R. §§ 1.9010, 1.9020, 1.9030. . Mobility Fund NPRM, 25 FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-57A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-57A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-57A1.txt
  • services. The spectrum leasing policies and rules of this subpart apply to the following services, which include Wireless Radio Services in which commercial or private licensees hold exclusive use rights and the Ancillary Terrestrial Component (ATC) of a Mobile Satellite Service: * * * * * (jj) The ATC of a Mobile Satellite Service (part 25 of this chapter). Section 1.9020 is amended by revising paragraphs (d)(2)(i) and (e)(2)(i)(A) to read as follows: § 1.9020 Spectrum manager leasing arrangements. * * * * * (d) * * * (2) * * * (i) The spectrum lessee must meet the same eligibility and qualification requirements that are applicable to the licensee under its license authorization, with the following exceptions. A spectrum lessee
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-32A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-32A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-32A1.txt
  • in paired 10 + 10 megahertz blocks by EA, the MSS licensee's modified license would include the 352 new service areas (the 176 EAs in each of the paired spectrum blocks). As such, the 2 GHz MSS licensee would have authority nationwide to provide full terrestrial services in the 2000-2020 MHz and 2180-2200 MHz band. . See 47 C.F.R. § 1.9020 (Spectrum manager leasing arrangements). ). See National Broadband Plan at 77. . See CMCC, 365 F.3d at 45-46. ATC Report and Order, 18 FCC Rcd at 1991 ¶ 49. 47 U.S.C. §309(j). ). ). See 47 C.F.R. §§ 1.2101-1.2114. See, e.g., Amendment of Part 1 of the Commission's Rules-Competitive Bidding Procedures, WT Docket No. 97-82, Order, Memorandum Opinion and Order
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2672A1.html
  • Leasing Arrangements ) in the Wireless Radio Services ORDER Adopted: October 6, 2005 Released: October 7, 2005 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation by the Enforcement Bureau (the ``Bureau'') into possible violations by commonly- owned licensees ART Licensing Corp. (``ART'') and First Avenue Networks, Inc. (``First Avenue'') of section 1.9020 of the Commission's Rules,1 relating to spectrum manager leasing arrangements. 2. The Bureau, ART and First Avenue have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us.
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2672A2.html
  • judicial review has passed; l. ``Investigation'' means the investigation conducted by the Bureau of compliance by ART and First Avenue with the Spectrum Manager Leasing Arrangements Rule, in connection with the arrangements disclosed in the ART Applications and the First Avenue Applications; m. ``Parties'' means the Bureau, ART, and First Avenue; and, n. ``Spectrum Manager Leasing Arrangements Rule'' means Section 1.9020 of the Commission's Rules, 47 C.F.R. 1.9020. III. BACKGROUND 3. ART and First Avenue are commonly-owned, commercial and/or private licensees that hold exclusive use rights in one or more of the Wireless Radio Services referenced in Section 1.9005 of the Commission's Rules, 47 C.F.R. 1.9005. 4. On May 6, 2004, ART filed the ART Applications, and between May 6 and
• http://wireless.fcc.gov/auctions/58/resources/ErinMcGrath.pdf
  • Proposed Rulemaking, 18 FCC Rcd. 20,604 (2003) ("Report and Order"). ­SeePromoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, WT Docket No. 00-230, Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd. 17,503 (2004) ("Second Report and Order"). Leasing ­Types Spectrum Manager Lease ­See47 C.F.R. § 1.9020. De FactoTransfer Leasing ­Long-Term De FactoTransfer Leasing. ·More than 360 days. ·See47 C.F.R. § 1.9010. ­Short-Term De FactoTransfer Leasing. ·360 days or less. ·See47 C.F.R. § 1.9035. Spectrum Manager Leasing · Licensees must retain de jurecontrol of the license and de facto control over the leased spectrum. · The licensees must: (1)Maintain an active, ongoing oversight role to ensure that
• http://wireless.fcc.gov/licensing/index.htm?&job=spectrum_leasing
  • license authorization remains a condition of the license and the legal responsibility for meeting the buildout obligation, as well as notifying the Commission that the buildout obligation has been timely-met, is that of the licensee; it can not be delegated to a spectrum lessee or sublessee. For more information on construction or coverage requirements pertaining to spectrum leasing, refer to 1.9020(d) (5), 1.9030(d) (5) and 1.9035(d) (3). Return to Top Arrow [44]Return to Top ULS Searches ULS license and application searches have been modified to include spectrum leasing arrangements and a new specialized search has been added for leases. [45]License Search * Automatically includes both licenses and spectrum leases in the search results unless a box is checked to exclude leases.
• http://wireless.fcc.gov/licensing/index.htm?job=spectrum_leasing
  • license authorization remains a condition of the license and the legal responsibility for meeting the buildout obligation, as well as notifying the Commission that the buildout obligation has been timely-met, is that of the licensee; it can not be delegated to a spectrum lessee or sublessee. For more information on construction or coverage requirements pertaining to spectrum leasing, refer to 1.9020(d) (5), 1.9030(d) (5) and 1.9035(d) (3). Return to Top Arrow [44]Return to Top ULS Searches ULS license and application searches have been modified to include spectrum leasing arrangements and a new specialized search has been added for leases. [45]License Search * Automatically includes both licenses and spectrum leases in the search results unless a box is checked to exclude leases.
• http://wireless.fcc.gov/licensing/spectrumleasing/index.html
  • license authorization remains a condition of the license and the legal responsibility for meeting the buildout obligation, as well as notifying the Commission that the buildout obligation has been timely-met, is that of the licensee; it can not be delegated to a spectrum lessee or sublessee. For more information on construction or coverage requirements pertaining to spectrum leasing, refer to 1.9020(d) (5), 1.9030(d) (5) and 1.9035(d) (3). Return to Top Arrow [44]Return to Top ULS Searches ULS license and application searches have been modified to include spectrum leasing arrangements and a new specialized search has been added for leases. [45]License Search * Automatically includes both licenses and spectrum leases in the search results unless a box is checked to exclude leases.
• http://wireless.fcc.gov/outreach/presentations/austin2008/SESSION%20II%20-%20Nodine%20-%20Licensed%20Spectrum%20for%20Rural%209-18-08L.pdf
  • Rural Broadband for Rural Broadband FCC/USDA Rural Broadband Educational Workshop September 18, 2008 2 Access to Licensed Spectrum for Rural Broadband Gaining access to licensed spectrum once licenses are issued Finding current license holders 3 Access to Licensed Spectrum for Rural Broadband Gaining access to licensed spectrum after licenses are issued 1. License assignment (Section 1.948) 2. Spectrum lease (Sections 1.9020, 1.9030) 3. Spectrum sublease (Sections 1.9020, 1.9030) 4 Access to Licensed Spectrum for Rural Broadband 5 Access to Licensed Spectrum for Rural Broadband 6 Submitting applications to the FCC to obtain spectrum in the secondary market http://wireless.fcc.gov/uls 1. License Assignment File FCC Form 603 2. Spectrum Lease/Sublease File FCC Form 608 Access to Licensed Spectrum for Rural Broadband 7 Submitting
• http://wireless.fcc.gov/outreach/presentations/blacksburg2008/Access%20to%20BB%20Licensed%20Spectrum%20-%20Branscome%20&%20Brown.pdf
  • 2. Lease spectrum from current licensee (spectrum lease) 3. Sublease spectrum from current lessee (spectrum sublease) 22 License Assignment Involves the complete transfer of a license from one party to another party. See47 C.F.R. 1.948. Spectrum Lease/Sublease 1. Spectrum Manager Lease Licensee is primarily responsible for a lessee's/sublessee's compliance with the Communication's Act and FCC policies and rules. See47 C.F.R. 1.9020. 2. De FactoTransfer Lease Lessee/Sublesseeis primarily responsible for compliance with the Communication's Act and FCC policies and rules. See47 C.F.R. 1.9030, 1.9035. Secondary Markets for Spectrum Secondary Markets for Spectrum 23 Options for the amount of spectrum and geography that can be obtained in the secondary market for a specific license 1. All of the spectrum and geography 2. A
• http://wireless.fcc.gov/outreach/presentations/phoenix2008/Session2Spann.pdf
  • Licensed Spectrum for Wireless Broadband FCC/USDA Rural Broadband Educational Workshop November 20, 2008 19 Access to Licensed Spectrum for Rural Broadband Gaining access to licensed spectrum once licenses are issued Finding current license holders 20 Access to Licensed Spectrum for Rural Broadband Gaining access to licensed spectrum after licenses are issued 1. License assignment (Section 1.948) 2. Spectrum lease (Sections 1.9020, 1.9030) 3. Spectrum sublease (Sections 1.9020, 1.9030) 21 Access to Licensed Spectrum for Rural Broadband 22 Access to Licensed Spectrum for Rural Broadband 23 Submitting applications to the FCC to obtain spectrum in the secondary market http://wireless.fcc.gov/uls 1. License Assignment File FCC Form 603 2. Spectrum Lease/Sublease File FCC Form 608 Access to Licensed Spectrum for Rural Broadband 24 Submitting
• http://wireless.fcc.gov/outreach/presentations/saginaw2008/SAGINAW%20-%20Panel%20II%20-%20Brown%20-%20ULS.pdf
  • Access to Licensed Spectrum for Access to Licensed Spectrum for Rural Broadband Rural Broadband Gaining access to licensed spectrum once licenses are issued Finding current license holders 2 Access to Licensed Spectrum for Access to Licensed Spectrum for Rural Broadband Rural Broadband Gaining access to licensed spectrum after licenses are issued 1. License assignment (Section 1.948) 2. Spectrum lease (Sections 1.9020, 1.9030) 3. Spectrum sublease (Sections 1.9020, 1.9030) 3 Access to Licensed Spectrum for Access to Licensed Spectrum for Rural Broadband Rural Broadband 4 Access to Licensed Spectrum for Access to Licensed Spectrum for Rural Broadband Rural Broadband 5 Submitting applications to the FCC to obtain spectrum in the secondary market http://wireless.fcc.gov/uls 1. License Assignment File FCC Form 603 2. Spectrum
• http://www.fcc.gov/eb/Orders/2005/DA-05-2672A1.html
  • Leasing Arrangements ) in the Wireless Radio Services ORDER Adopted: October 6, 2005 Released: October 7, 2005 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation by the Enforcement Bureau (the ``Bureau'') into possible violations by commonly- owned licensees ART Licensing Corp. (``ART'') and First Avenue Networks, Inc. (``First Avenue'') of section 1.9020 of the Commission's Rules,1 relating to spectrum manager leasing arrangements. 2. The Bureau, ART and First Avenue have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. We have reviewed the terms of the Consent Decree and evaluated the facts before us.
• http://www.fcc.gov/eb/Orders/2005/DA-05-2672A2.html
  • judicial review has passed; l. ``Investigation'' means the investigation conducted by the Bureau of compliance by ART and First Avenue with the Spectrum Manager Leasing Arrangements Rule, in connection with the arrangements disclosed in the ART Applications and the First Avenue Applications; m. ``Parties'' means the Bureau, ART, and First Avenue; and, n. ``Spectrum Manager Leasing Arrangements Rule'' means Section 1.9020 of the Commission's Rules, 47 C.F.R. 1.9020. III. BACKGROUND 3. ART and First Avenue are commonly-owned, commercial and/or private licensees that hold exclusive use rights in one or more of the Wireless Radio Services referenced in Section 1.9005 of the Commission's Rules, 47 C.F.R. 1.9005. 4. On May 6, 2004, ART filed the ART Applications, and between May 6 and