FCC Web Documents citing 1.9030

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4678A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4678A1.pdf
  • November 23, 2005. See id. See 47 C.F.R. � 1.948(d). See Spectracom,LLC, Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 13412 (Enf. Bur. 2006). See Letter from Mike McCarty, Spectracom, to Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, dated November 25, 2006, at 1 (``NAL Response''). See id. See id. See id. See 47 C.F.R. �� 1.9030(e) and 1.9035(e). 47 C.F.R. � 1.948(a). See id. The leasing rules govern the transfer of de facto control pursuant to a spectrum leasing arrangement. Specifically, the Commission relaxed its policies to provide a process for lessors to obtain approval to transfer control of station facilities to lessees. The Commission adopted new rules including Section 1.9030(e) (relating to long term leases)
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1906A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1906A1.pdf
  • 0016700031 ) ORDER Adopted: August 14, 2008 Released: August 14, 2008 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau''), OP LLC (``OP''), and TVCC One Six Holdings LLC (``TVCC'') for possible violation of sections 301 and 310(d) of the Communications Act of 1934, as amended, and section 1.9030 of the Commission's Rules regarding long-term de facto transfer leasing arrangements. The Bureau, OP, and TVCC have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public
• 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
  • 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 Markets
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.pdf
  • Q of this chapter will apply unless otherwise provided in this subpart. Section 27.601 is amended by revising paragraph (c) as follows: � 27.601 Authority and coordination requirements. * * * * * (c) Frequency Coordination. (1) A Guard Band licensee, or a spectrum lessee operating at 775-776 MHz and 805-806 MHz pursuant to a spectrum lease arrangement under �� 1.9030 and 1.9035 of this chapter, must notify Commission-recognized public safety frequency coordinators for the 700 MHz Public Safety band and adjacent-area Guard Band licensees within one business day after the licensee or the spectrum lessee has: * * * * * Add the following new subpart N to Part 27 to read as follows: SUBPART N - 700 MHz PUBLIC/PRIVATE
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-79A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-79A1.pdf
  • licensee of the public safety broadband spectrum in the 700 MHz Band (Call Sign WQHW226) (the ``Leased Spectrum''), and [state or locality] (``Lessee'') (each a ``Party,'' and, collectively, ``the Parties''). This Lease is subject to the FCC's May 12, 2010 Order, FCC 10-79 (``FCC Order''). Further, this Lease is a long term de facto transfer spectrum lease pursuant to Section 1.9030 of the FCC's rules, 47 C.F.R. � 1.9030, subject to all applicable FCC rules, regulations and policies. [If Lessee is not a state, Lessee shall comply with the requirements and procedures of the FCC Order concerning notification and coordination with the relevant state authority.] 1. Agreement. a. Conditioned on first obtaining the consent of the Chief of the Public Safety
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-239A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-239A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-239A1.txt
  • 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 Licensing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A1.txt
  • 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) (``Foreign
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A1_Erratum.doc
  • 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) (``Foreign
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A2.txt
  • 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 a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A2_Erratum.pdf
  • 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 a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-75A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-75A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-75A1.txt
  • 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 the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-281A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-281A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-281A1.txt
  • 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 require ubiquitous coverage or coverage of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-493A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-493A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-493A1.txt
  • 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 collections contained in these rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1723A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1723A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1723A1.txt
  • 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 h� h� " gd� 9 : � � h� hk hk ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh�
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4678A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4678A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4678A1.txt
  • November 23, 2005. See id. See 47 C.F.R. � 1.948(d). See Spectracom,LLC, Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 13412 (Enf. Bur. 2006). See Letter from Mike McCarty, Spectracom, to Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, dated November 25, 2006, at 1 (``NAL Response''). See id. See id. See id. See 47 C.F.R. �� 1.9030(e) and 1.9035(e). 47 C.F.R. � 1.948(a). See id. The leasing rules govern the transfer of de facto control pursuant to a spectrum leasing arrangement. Specifically, the Commission relaxed its policies to provide a process for lessors to obtain approval to transfer control of station facilities to lessees. The Commission adopted new rules including Section 1.9030(e) (relating to long term leases)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1906A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1906A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1906A1.txt
  • 0016700031 ) ORDER Adopted: August 14, 2008 Released: August 14, 2008 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau''), OP LLC (``OP''), and TVCC One Six Holdings LLC (``TVCC'') for possible violation of sections 301 and 310(d) of the Communications Act of 1934, as amended, and section 1.9030 of the Commission's Rules regarding long-term de facto transfer leasing arrangements. The Bureau, OP, and TVCC have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-116A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-116A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-116A1.txt
  • we consider an application filed by SprintCom, Inc. (``SprintCom'') and Alaska DigiTel, L.L.C. (``Alaska DigiTel'') for approval of a long-term de facto transfer spectrum leasing arrangement between SprintCom and Alaska DigiTel involving three 10 megahertz broadband Personal Communications Service (``PCS'') licenses held by SprintCom. Pursuant to section 310(d) of the Communications Act of 1934, as amended (``Communications Act''), and section 1.9030 of the Commission rules, we must determine whether SprintCom and Alaska DigiTel (the ``Applicants'') have demonstrated that grant of the application would serve the public interest, convenience, and necessity. Based on the record before us, and as explained below, we find that the Applicants have met that burden and grant their application, and we deny the petition to deny filed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1425A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1425A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1425A1.txt
  • including timely submission of required reports, may result in Commission enforcement action and/or waiver modification or cancellation. 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, 17554-55 �� 101-103 (2004); see also 47 C.F.R. � 1.9030(e)(2) (de facto transfer leases), 47 C.F.R. � 1.948(j)(2) (transfers, assignments, partitioning and disaggregation). See CMRS FNPRM, 9 FCC Rcd at 2880 � 81. Id. For example, the Commission does not require station identification for cellular, nationwide 220 MHz, nationwide paging, MTA-based specialized mobile radio, and geographic VHF public coast (``VPC'') stations. See Implementation of Sections 3(n) and 332 of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1425A1_Rcd.pdf
  • waiver grant, including timely submission of required reports, may result in Commission enforcement action and/or waiver modification or cancellation. 65SeePromoting 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, 17554-55 �� 101-103 (2004); see also47 C.F.R. � 1.9030(e)(2) (de factotransfer leases), 47 C.F.R. � 1.948(j)(2) (transfers, assignments, partitioning and disaggregation). 8544 Federal Communications Commission DA 09-1425 three nationwide and six REAG licenses, we agree that there is limited potential for co-channel interference and therefore grant the requested waiver. Similarly, we find that waiver of the station identification requirement contained in Section 90.735 of our rules is warranted for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2091A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2091A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2091A1.txt
  • the Informal Request for Commission Action - Request for Review of Lease Agreement Terms filed by Indian Springs School on August 26, 2009 IS DISMISSED with prejudice. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.935 of the Commission's Rules, 47 C.F.R. � 1.9030, that the licensing staff of the Broadband Division SHALL PROCESS the application for consent to a long-term de facto transfer lease arrangement for Educational Broadband Service Station WND280 (File No. 0003921977), in accordance with this letter and the Commission's Rules and policies. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2091A1_Rcd.pdf
  • Withdrawal and Declaration, Clearwire Corporation (filed Sep. 17, 2009). 13Request for Withdrawal and Declaration, Clearwire Corporation (filed Sep. 17, 2009) at 1. 12006 TonyS. Lee, Esq., et al. ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.935 of the Commission's Rules, 47 C.F.R. � 1.9030, that the licensing staff of the Broadband Division SHALL PROCESS the application for consent to a long-term de factotransfer lease arrangement for Educational Broadband Service Station WND280 (File No.0003921977), in accordance with this letter and the Commission's Rules and policies. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. ��
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-33A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-33A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-33A1.txt
  • 123. Clearwire Opposition at 3. Id. at 6-7. Compare Clearwire Opposition, Attachment 1 (Statement of George W. Harter) (maps showing Clearwire licensed spectrum) and 2009 Waiver Request at Exhibit D (map showing height benchmarking contour for E channel group). See 2007 Wavier Request at iv, 18. 47 C.F.R. � 27.1231(f). See WT Docket No. 06-136. See 47 C.F.R. �� 1.948, 1.9030. (...continued from previous page) (continued....) Federal Communications Commission DA 10-1033 Federal Communications Commission DA 10-1033 � � � � � � F ~ C � 0 0 � <6''{�
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-33A1_Rcd.pdf
  • filed by RC Technologies Corporation on April 27, 2007 IS DISMISSED AS MOOT to the extent indicated in footnote 1, supra. 26. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Blaise A. Scinto Chief, Broadband Division Wireless Telecommunications Bureau 70See47 C.F.R. �� 1.948, 1.9030. 133
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1732A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1732A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1732A1.txt
  • argues that the timing of the sublease applications shows that Mr. Bott was dealing with Clearwire during or prior to the pendency of the request for approval of the leases from Rockne and Albion. DISCUSSION Motion for Extension of Time to File Petition to Deny. As an initial matter, we find that Benton has not justified a waiver of Section 1.9030(e)(1)(iii) of the Commission's Rules to permit it to file a petition to deny more than fourteen days after the lease applications were placed on public notice accepting it for filing. Specifically, Benton has not demonstrated that: (i) the underlying purpose of the rules(s) would not be served or would be frustrated by application to the instant case, and that a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1732A1_Rcd.pdf
  • argues that the timing of the sublease applications shows that Mr. Bott was dealing with Clearwire during or prior to the pendency of the request for approval of the leases from Rockne and Albion.18 III.DISCUSSION 6.Motion for Extension of Time to File Petition to Deny. As an initial matter, we find that Benton has not justified a waiver of Section 1.9030(e)(1)(iii) of the Commission's Rules to permit it to file a petition to deny more than fourteen days after the lease applications were placed on public notice accepting it for filing. Specifically, Benton has not demonstrated that: (i) the underlying purpose of the rules(s) would not be served or would be frustrated by application to the instant case, and that a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1920A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1920A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1920A1.txt
  • the sole objective.'' Infrastructure asserts that the Texas Energy objection should be ``rejected as late-filed, procedurally defective, meritless, and contrary to long-standing Commission precedent.'' In particular, Infrastructure argues that: (1) the Commission's rules do not provide for the filing of an informal objection; (2) Texas Energy's initial filing was submitted outside the 14-day petition to deny period specified by section 1.9030(e)(1)(iii) of the Commission's rules; (3) the Texas Energy August 29, 2011 Letter fails to include specific allegations of fact necessary to support a petition to deny and is not supported by an affidavit of a person or persons with personal knowledge thereof, as required by section 1.939(d); and (4) Texas Energy is improperly asking the Commission to inject itself into
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1920A1_Rcd.pdf
  • less the sole objective."11 4. Infrastructure asserts that the Texas Energy objection should be "rejected as late-filed, procedurally defective, meritless, and contrary to long-standing Commission precedent."12In particular, Infrastructure argues that: (1) the Commission's rules do not provide for the filing of an informal objection;13(2) Texas Energy's initial filing was submitted outside the 14-day petition to deny period specified by section 1.9030(e)(1)(iii) of the Commission's rules;14(3) the Texas Energy August 29, 2011 Letter fails to include specific allegations of fact necessary to support a petition to deny and is not supported by an affidavit of a person or persons with personal knowledge thereof, as required by section 1.939(d);15and (4) Texas Energy is improperly asking the Commission to inject itself into a commercial
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1031A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1031A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1031A1.txt
  • 29, 2012, the PSST filed notice of the lease's early termination, including a copy of Mesa's letter, in PS Dockets 06-229 and 12-94. The PSST's filing states that the lease termination became effective June 23, 2012, i.e., thirty days following its and the Bureau's receipt of Mesa's May 24 letter. . -FCC- This public notice is issued pursuant to Section 1.9030(g)(4) of the Commission rules. See 47 C.F.R. � 1.9030(g)(4). See Public Safety Spectrum Trust Filing, PS Docket 06-229 (filed Aug. 6, 2010) (Mesa Lease Agreement). Mesa entered the lease ``as administrative manager of the TOPAZ Regional Wireless Collective.'' See id. See Requests for Waiver of Various Petitioners to Allow the Establishment of 700 MHz Interoperable Public Safety Wireless Broadband Networks,
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  • assign or transfer this license ... until the Commission has accepted a demonstration of substantial service for this authorization.''). We therefore find that the applications were properly filed. See 47 U.S.C. � 308(a). StratusWave Assignment Applications, Public Interest Statement, Request for Removal of License Conditions and Contingent Request for Waiver (Request to Delete Conditions) at 1. See 47 C.F.R. � 1.9030. Request to Delete Conditions at 1; see also, StratusWave Waiver Order at 15800 � 27. Request to Delete Conditions at 6-10. These rules provide that grants - including partial grants - of license applications are final unless the applicant rejects the grant or files a petition for reconsideration within 30 days of the action. See 47 C.F.R. �� 1.110, 1.945(e).
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  • are revised to read: 299 ________________________ 259 See generally Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Report and Order, 18 FCC Rcd 20604 (2003) (``Secondary Markets First R&O''), at 20653 �� 114-115 (spectrum manager leases), 20665 � 146 (long-term de facto transfer leases); see also 47 CFR � 1.1920(d)(5)(i) (spectrum manager leases), 1.9030(d)(5)(i) (long-term de facto transfer leases). GCI and Dobson have entered into a long-term de facto transfer leasing arrangement. In establishing the spectrum leasing rules in 2003, the Commission expressly stated that ``[w]e will allow licensees using [the long-term de facto transfer] leasing option to rely on the activities of their spectrum lessees for purposes of complying with the build-out requirements
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  • current term of the license authorization may, contingent on the Commission's grant of the license renewal, extend the spectrum leasing arrangement during the term of the renewed license authorization. The licensee must notify the Commission of such an extension of the spectrum leasing arrangement on the same application it submits for license renewal (see � 1.949 of this part). � 1.9030 Long-term de facto transfer leasing arrangements. Overview. Under the provisions of this section, a licensee (in any of the included services) and a spectrum lessee may enter into a long-term de facto transfer leasing arrangement in which the licensee retains de jure control of the license while de facto control of the leased spectrum is transferred to the spectrum lessee
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1_Erratum.doc
  • current term of the license authorization may, contingent on the Commission's grant of the license renewal, extend the spectrum leasing arrangement during the term of the renewed license authorization. The licensee must notify the Commission of such an extension of the spectrum leasing arrangement on the same application it submits for license renewal (see � 1.949 of this part). � 1.9030 Long-term de facto transfer leasing arrangements. Overview. Under the provisions of this section, a licensee (in any of the included services) and a spectrum lessee may enter into a long-term de facto transfer leasing arrangement in which the licensee retains de jure control of the license while de facto control of the leased spectrum is transferred to the spectrum lessee
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  • spectrum lessees entering into spectrum leasing arrangements involving licensees in the Educational Broadband Service (see � 27.1201) are not required to comply with the eligibility requirements pertaining to such licensees (see � 27.1201) so long as the spectrum lessees meet the other eligibility and qualification requirements applicable to Part 27 services (see � 27.12). * * * * * Section 1.9030 is amended by revising paragraph (d)(2)(i) to read as follows: � 1.9030 Long-term de facto transfer 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
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  • 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 requirements remain a condition of the
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  • for license renewal (see � 1.949). The spectrum lessee may operate under the extended term, without further action by the Commission, until such time as the Commission shall make a final determination with respect to the renewal of the license authorization and the extension of the spectrum leasing arrangement into the term of the renewed license authorization. 10. Revise � 1.9030 as follows: a. In paragraph (a), revise the last sentence, and add a new sentence following that sentence; b. Revise paragraph (d)(2)(i); c. Remove paragraph (d)(6), and redesignate paragraphs (d)(7) through (d)(9) as paragraphs (d)(6) through (d)(8), respectively; d. Revise newly designated paragraph (d)(8); e. Revise paragraph (e); f. Redesignate paragraphs (f) through (k) as paragraphs (g) through (l), respectively;
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  • the provision of service on the U.S.-South Africa route. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and (j), 309, 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 309, 310(d), the applications for the assignment of licenses from Cingular to T-Mobile ARE GRANTED. IT IS FURTHER ORDERED that, pursuant to sections 1.9005 and 1.9030 of the Commission's rules, 47 C.F.R. �� 1.9005, 1.9030, the applications filed by T-Mobile and Cingular to implement long-term de facto spectrum leasing arrangements ARE GRANTED. IT IS FURTHER ORDERED that the licenses to be acquired and the leases to be entered into by T-Mobile are subject to compliance with the provisions of the Agreement between Deutsche Telekom AG, VoiceStream
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  • pursuant to sections 4(i) and (j), 309, 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 309, 310(d), the applications for the transfer of control of licenses from WWC to ALLTEL are GRANTED, to the extent specified in this order and subject to the conditions specified below. IT IS FURTHER ORDERED that, pursuant to section 1.9030 of the Commission's rules, 47 C.F.R. � 1.9030, the application for the transfer of control of a de facto transfer lease authorization from WWC to ALLTEL is GRANTED, to the extent specified in this order and subject to the conditions specified below. IT IS FURTHER ORDERED that the above grant shall include authority for ALLTEL to acquire control of: (a)
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  • 309, 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 214, 309, 310(d), the applications for the transfer of control of licenses and authorizations as discussed herein from Nextel to Sprint ARE GRANTED, to the extent specified in this order and subject to the condition specified below. IT IS FURTHER ORDERED that, pursuant to section 1.9030 of the Commission's rules, 47 C.F.R. � 1.9030, the application for the transfer of control of de facto transfer lease authorizations from Nextel to S-N Merger Corporation is GRANTED, to the extent specified in this order and subject to the conditions specified below. IT IS FURTHER ORDERED that the above grant shall include authority for Sprint to acquire control of:
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  • 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 Markets
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  • R&O, 15 FCC Rcd at 14681 n.4. See generally Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Report and Order, 18 FCC Rcd 20604 (2003) (``Secondary Markets First R&O''), at 20653 �� 114-115 (spectrum manager leases), 20665 � 146 (long-term de facto transfer leases); see also 47 CFR � 1.1920(d)(5)(i) (spectrum manager leases), 1.9030(d)(5)(i) (long-term de facto transfer leases). GCI and Dobson have entered into a long-term de facto transfer leasing arrangement. In establishing the spectrum leasing rules in 2003, the Commission expressly stated that ``[w]e will allow licensees using [the long-term de facto transfer] leasing option to rely on the activities of their spectrum lessees for purposes of complying with the build-out requirements
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-185A1_Erratum.doc
  • R&O, 15 FCC Rcd at 14681 n.4. See generally Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Report and Order, 18 FCC Rcd 20604 (2003) (``Secondary Markets First R&O''), at 20653 �� 114-115 (spectrum manager leases), 20665 � 146 (long-term de facto transfer leases); see also 47 CFR � 1.1920(d)(5)(i) (spectrum manager leases), 1.9030(d)(5)(i) (long-term de facto transfer leases). GCI and Dobson have entered into a long-term de facto transfer leasing arrangement. In establishing the spectrum leasing rules in 2003, the Commission expressly stated that ``[w]e will allow licensees using [the long-term de facto transfer] leasing option to rely on the activities of their spectrum lessees for purposes of complying with the build-out requirements
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  • 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 Bidding
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  • Q of this chapter will apply unless otherwise provided in this subpart. Section 27.601 is amended by revising paragraph (c) as follows: � 27.601 Authority and coordination requirements. * * * * * (c) Frequency Coordination. (1) A Guard Band licensee, or a spectrum lessee operating at 775-776 MHz and 805-806 MHz pursuant to a spectrum lease arrangement under �� 1.9030 and 1.9035 of this chapter, must notify Commission-recognized public safety frequency coordinators for the 700 MHz Public Safety band and adjacent-area Guard Band licensees within one business day after the licensee or the spectrum lessee has: * * * * * Add the following new subpart N to Part 27 to read as follows: SUBPART N - 700 MHz PUBLIC/PRIVATE
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1_Erratum.doc
  • Q of this chapter will apply unless otherwise provided in this subpart. Section 27.601 is amended by revising paragraph (c) as follows: � 27.601 Authority and coordination requirements. * * * * * (c) Frequency Coordination. (1) A Guard Band licensee, or a spectrum lessee operating at 775-776 MHz and 805-806 MHz pursuant to a spectrum lease arrangement under �� 1.9030 and 1.9035 of this chapter, must notify Commission-recognized public safety frequency coordinators for the 700 MHz Public Safety band and adjacent-area Guard Band licensees within one business day after the licensee or the spectrum lessee has: * * * * * Add the following new subpart N to Part 27 to read as follows: SUBPART N - 700 MHz PUBLIC/PRIVATE
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  • this chapter, to delete, move or change the operating parameters of any of the user's stations that are covered under the Guard Band licensee's authorization without prior Commission approval, provided such stations comply with Commission Rules and coordination requirements. (c) Frequency Coordination. (1) A Guard Band licensee, or a spectrum lessee operating pursuant to a spectrum lease arrangement under �� 1.9030 and 1.9035 of this chapter, must notify Commission-recognized public safety frequency coordinators for the 700 MHz Public Safety band and adjacent-area Guard Band licensees within one business day after the licensee or the spectrum lessee has: (i) Coordinated a new station or modification of an existing station; or (ii) Filed an application for an individual station license with the Commission.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1_Erratum.doc
  • this chapter, to delete, move or change the operating parameters of any of the user's stations that are covered under the Guard Band licensee's authorization without prior Commission approval, provided such stations comply with Commission Rules and coordination requirements. (c) Frequency Coordination. (1) A Guard Band licensee, or a spectrum lessee operating pursuant to a spectrum lease arrangement under �� 1.9030 and 1.9035 of this chapter, must notify Commission-recognized public safety frequency coordinators for the 700 MHz Public Safety band and adjacent-area Guard Band licensees within one business day after the licensee or the spectrum lessee has: (i) Coordinated a new station or modification of an existing station; or (ii) Filed an application for an individual station license with the Commission.
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  • 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 the
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  • (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 C.F.R. � 27.14(e) (all
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  • Petition at 2. OP LLC (Crown Castle International Corp.), Licensee of WPYQ831, Petition for Waiver of Section 27.50(f)(1) of the Commission's Rules, Memorandum Opinion and Order, 22 FCC Rcd 4322 (2007) (Crown Castle Waiver Order). . Crown Castle Waiver Order, 22 FCC Rcd at 4329-30, and at 4332, Appendix. Id. at 4329-30. (Crown Castle Press Release). See 47 C.F.R. � 1.9030 (long term de facto transfer leasing arrangements). See ULS File No. 0003108073 (filed July 17, 2007) (Lease ID L000002305). Crown Castle Waiver Order, 22 FCC Rcd at 4328. On August 31, 2007, OP LLC (the subsidiary of Crown Castle that holds the license) filed a ``Tribal Land Construction Certification and Demonstration,'' which states that a DVB-H ``network and service offering
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  • Service (including the same service) or the Ancillary Terrestrial Component of a Mobile Satellite Service in which the proposed spectrum lessee already holds a direct or indirect interest of 10% or more (see �1.2112), either as a licensee or a spectrum lessee, and that could be used by the spectrum lessee to provide interconnected mobile voice and/or data services; Section 1.9030 is amended by revising paragraph (e)(2)(i)(A) to read as follows: � 1.9030 Long term de facto transfer leasing arrangements. * * * * * (e) * * * * * * * * * * (2) * * * * * (i) * * * * * (A) The license does not involve spectrum that may be used to provide
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  • licensee of the public safety broadband spectrum in the 700 MHz Band (Call Sign WQHW226) (the ``Leased Spectrum''), and [state or locality] (``Lessee'') (each a ``Party,'' and, collectively, ``the Parties''). This Lease is subject to the FCC's May 12, 2010 Order, FCC 10-79 (``FCC Order''). Further, this Lease is a long term de facto transfer spectrum lease pursuant to Section 1.9030 of the FCC's rules, 47 C.F.R. � 1.9030, subject to all applicable FCC rules, regulations and policies. [If Lessee is not a state, Lessee shall comply with the requirements and procedures of the FCC Order concerning notification and coordination with the relevant state authority.] 1. Agreement. a. Conditioned on first obtaining the consent of the Chief of the Public Safety
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  • Order, including the Final Regulatory Flexibility Analysis and Final Regulatory Flexibility Certification, in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 1.9030(c) and 1.9035(c) of the Commission's rules, 47 C.F.R. �� 1.9030(c), 1.9035(c), that all licensees and de facto transfer lessees of spectrum in the 2305-2320 MHz and 2345-2360 MHz bands are HEREBY DIRECTED to provide Sirius XM Radio, Inc. an inventory of their deployed infrastructure consistent with, and within 30 days of the effective date of, new Section 27.72(b). FEDERAL COMMUNICATIONS
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-82A1_Rcd.pdf
  • and Order, including the Final Regulatory Flexibility Analysis and Final Regulatory Flexibility Certification, in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see5 U.S.C. 801(a)(1)(A). 327. ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Sections 1.9030(c) and 1.9035(c) of the Commission's rules, 47 C.F.R. �� 1.9030(c), 1.9035(c), that all licensees and de facto transfer lessees of spectrum in the 2305-2320 MHz and 2345-2360 MHz bands are HEREBY DIRECTED to provide Sirius XM Radio, Inc. an inventory of their deployed infrastructure consistent with, and within 30 days of the effective date of, new Section 27.72(b). FEDERAL COMMUNICATIONS
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  • 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 Rcd at 14,740, para. 84. AT&T Mobility Fund NPRM Comments at 9; T-Mobile Mobility Fund NPRM Comments at 19. Because the long-form application will be a public document, states will have access to this information for the ETCs that are within their jurisdiction. . Mobility Fund NPRM at 14,740, para. 85. A Mobility Fund
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  • 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 sections 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 section 1.9020(d)(8), the Mobile Satellite Service licensee's obligation, if any, concerning the E911 requirements in section 20.18 of this chapter, will, with respect to an ATC, be specified in the licensing document for the ATC.
• 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
  • include satellite services. 47 C.F.R. � 1.907. Under these secondary market policies and rules, the service rules and policies applicable to the licensee under its license authorization - including all technical, interference, and operational rules - apply to the spectrum lessee as well. Secondary Markets First Report and Order, 18 FCC Rcd at 20648-49 �� 91-92; see 47 C.F.R.�� 1.9020(c)-(d), 1.9030 (c)-(d), 1.9035(c)-(d). The rules and procedures for spectrum leasing arrangements are set forth in Part 1, Subpart X. 47 C.F.R �� 1.9001 et seq. See Secondary Markets First Report and Order, 18 FCC Rcd at 20607 � 2. Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, WT Docket No. 00-230, Second Report and
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4678A1.html
  • November 23, 2005. See id. See 47 C.F.R. S: 1.948(d). See Spectracom,LLC, Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 13412 (Enf. Bur. 2006). See Letter from Mike McCarty, Spectracom, to Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, dated November 25, 2006, at 1 ("NAL Response"). See id. See id. See id. See 47 C.F.R. S:S: 1.9030(e) and 1.9035(e). 47 C.F.R. S: 1.948(a). See id. The leasing rules govern the transfer of de facto control pursuant to a spectrum leasing arrangement. Specifically, the Commission relaxed its policies to provide a process for lessors to obtain approval to transfer control of station facilities to lessees. The Commission adopted new rules including Section 1.9030(e) (relating to long term leases)
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1906A1.html
  • ) ORDER Adopted: August 14, 2008 Released: August 14, 2008 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau"), OP LLC ("OP"), and TVCC One Six Holdings LLC ("TVCC") for possible violation of sections 301 and 310(d) of the Communications Act of 1934, as amended, and section 1.9030 of the Commission's Rules regarding long-term de facto transfer leasing arrangements. 2. The Bureau, OP, and TVCC have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that
• http://wireless.fcc.gov/licensing/index.htm?&job=spectrum_leasing
  • 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. * The
• http://wireless.fcc.gov/licensing/index.htm?job=spectrum_leasing
  • 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. * The
• http://wireless.fcc.gov/licensing/spectrumleasing/index.html
  • 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. * The
• http://wireless.fcc.gov/outreach/presentations/austin2008/SESSION%20II%20-%20Nodine%20-%20Licensed%20Spectrum%20for%20Rural%209-18-08L.pdf
  • 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 applications
• http://wireless.fcc.gov/outreach/presentations/blacksburg2008/Access%20to%20BB%20Licensed%20Spectrum%20-%20Branscome%20&%20Brown.pdf
  • 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 portion of the spectrum and/or geography Secondary Markets for Spectrum Secondary Markets for Spectrum 24 Secondary Markets for Spectrum Secondary Markets
• http://wireless.fcc.gov/outreach/presentations/phoenix2008/Session2Spann.pdf
  • 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 applications
• http://wireless.fcc.gov/outreach/presentations/saginaw2008/SAGINAW%20-%20Panel%20II%20-%20Brown%20-%20ULS.pdf
  • 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 Lease/Sublease
• http://www.fcc.gov/eb/Orders/2007/DA-07-4678A1.html
  • November 23, 2005. See id. See 47 C.F.R. S: 1.948(d). See Spectracom,LLC, Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 13412 (Enf. Bur. 2006). See Letter from Mike McCarty, Spectracom, to Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, dated November 25, 2006, at 1 ("NAL Response"). See id. See id. See id. See 47 C.F.R. S:S: 1.9030(e) and 1.9035(e). 47 C.F.R. S: 1.948(a). See id. The leasing rules govern the transfer of de facto control pursuant to a spectrum leasing arrangement. Specifically, the Commission relaxed its policies to provide a process for lessors to obtain approval to transfer control of station facilities to lessees. The Commission adopted new rules including Section 1.9030(e) (relating to long term leases)
• http://www.fcc.gov/eb/Orders/2008/DA-08-1906A1.html
  • ) ORDER Adopted: August 14, 2008 Released: August 14, 2008 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau"), OP LLC ("OP"), and TVCC One Six Holdings LLC ("TVCC") for possible violation of sections 301 and 310(d) of the Communications Act of 1934, as amended, and section 1.9030 of the Commission's Rules regarding long-term de facto transfer leasing arrangements. 2. The Bureau, OP, and TVCC have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that