FCC 1.9010 Revised as of December 4, 2012
Goto Year:2011 |
§ 1.9010 De facto control standard for spectrum leasing arrangements.
(a) Under the rules established for spectrum leasing arrangements in
this subpart, the following standard is applied for purposes of
determining whether a licensee retains de facto control under section
310(d) of the Communications Act with regard to spectrum that it leases
to a spectrum lessee.
(b) A licensee will be deemed to have retained de facto control of
leased spectrum if it enters into a spectrum leasing arrangement and
acts as a spectrum manager with regard to portions of the licensed
spectrum that it leases to a spectrum lessee, provided the licensee
satisfies the following two conditions:
(1) Licensee responsibility for lessee compliance with Commission
policies and rules. The licensee must remain fully responsible for
ensuring the spectrum lessee's compliance with the Communications Act
and all applicable policies and rules directly related to the use of
the leased spectrum.
(i) Through contractual provisions and actual oversight and enforcement
of such provisions, the licensee must act in a manner sufficient to
ensure that the spectrum lessee operates in conformance with applicable
technical and use rules governing the license authorization.
(ii) The licensee must maintain a reasonable degree of actual working
knowledge about the spectrum lessee's activities and facilities that
affect its ongoing compliance with the Commission's policies and rules.
These responsibilities include: Coordinating operations and
modifications of the spectrum lessee's system to ensure compliance with
Commission rules regarding non-interference with co-channel and
adjacent channel licensees (and any authorized spectrum user); making
all determinations as to whether an application is required for any
individual spectrum lessee stations (e.g., those that require frequency
coordination, submission of an Environmental Assessment under § 1.1307
of subpart I of this part, those that require international or
Interdepartment Radio Advisory Committee (IRAC) coordination, those
that affect radio frequency quiet zones described in § 1.924 of subpart
F of this part, or those that require notification to the Federal
Aviation Administration under part 17 of this chapter); and, ensuring
that the spectrum lessee complies with the Commission's safety
guidelines relating to human exposure to radiofrequency (RF) radiation
(e.g., § 1.1307(b) and related rules of subpart I of this part). The
licensee is responsible for resolving all interference-related matters,
including conflicts between its spectrum lessee and any other spectrum
lessee or licensee (or authorized spectrum user). The licensee may use
agents (e.g., counsel, engineering consultants) when carrying out these
responsibilities, so long as the licensee exercises effective control
over its agents' actions.
(iii) The licensee must be able to inspect the spectrum lessee's
operations and must retain the right to terminate the spectrum leasing
arrangement in the event the spectrum lessee fails to comply with the
terms of the arrangement and/or applicable Commission requirements. If
the licensee or the Commission determines that there is any violation
of the Commission's rules or that the spectrum lessee's system is
causing harmful interference, the licensee must immediately take steps
to remedy the violation, resolve the interference, suspend or terminate
the operation of the system, or take other measures to prevent further
harmful interference until the situation can be remedied. If the
spectrum lessee refuses to resolve the interference, remedy the
violation, or suspend or terminate operations, either at the direction
of the licensee or by order of the Commission, the licensee must use
all reasonable legal means necessary to enforce compliance.
(2) 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
(i) The licensee must file the necessary notification with the
Commission, as required under § 1.9020(e).
(ii) 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 complies with any signature requirements for such filings.
[ 68 FR 66277 , Nov. 25, 2003, as amended at 69 FR 77551 , Dec. 27, 2004]
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