§ 1.9003   Definitions.

   De facto transfer leasing arrangement. A spectrum leasing arrangement in
   which a licensee retains de jure control of its license while transferring
   de facto control of the leased spectrum to a spectrum lessee, pursuant to
   the spectrum leasing rules set forth in this subpart.

   FCC Form 608. FCC Form 608 is the form to be used by licensees and spectrum
   lessees that enter into spectrum leasing arrangements pursuant to the rules
   set  forth  in  this subpart. Parties are required to submit this form
   electronically when entering into spectrum leasing arrangements under this
   subpart, except that licensees falling within the provisions of § 1.913(d),
   may file the form either electronically or manually.

   Long-term  de facto transfer leasing arrangement. A long-term de facto
   transfer leasing arrangement is a de facto transfer leasing arrangement that
   has an individual term, or series of combined terms, of more than one year.

   Private commons. A “private commons” arrangement is an arrangement, distinct
   from a spectrum leasing arrangement but permitted in the same services for
   which spectrum leasing arrangements are allowed, in which a licensee or
   spectrum lessee makes certain spectrum usage rights under a particular
   license authorization available to a class of third-party users employing
   advanced   communications   technologies   that  involve  peer-to-peer
   (device-to-device)  communications  and that do not involve use of the
   licensee's or spectrum lessee's end-to-end physical network infrastructure
   (e.g., base stations, mobile stations, or other related elements).

   Short-term de facto transfer leasing arrangement. A short-term de facto
   transfer leasing arrangement is a de facto transfer leasing arrangement that
   has an individual or combined term of not longer than one year.

   Spectrum leasing application. The application submitted to the Commission by
   a licensee and a spectrum lessee seeking approval of a de facto transfer
   leasing arrangement.

   Spectrum leasing arrangement. An arrangement between a licensed entity and a
   third-party entity in which the licensee leases certain of its spectrum
   usage  rights  in the licensed spectrum to the third-party entity, the
   spectrum  lessee, pursuant to the rules set forth in this subpart. The
   arrangement may involve the leasing of any amount of licensed spectrum, in
   any geographic area or site encompassed by the license, for any period of
   time during the term of the license authorization. Two different types of
   spectrum leasing arrangements, spectrum manager leasing arrangements and de
   facto transfer leasing arrangements, are permitted under this subpart.

   Spectrum leasing notification. The required notification submitted by a
   licensee to the Commission regarding a spectrum manager leasing arrangement.

   Spectrum  lessee.  Any third-party entity that leases, pursuant to the
   spectrum leasing rules set forth in this subpart, certain spectrum usage
   rights held by a licensee. This term includes reference to third-party
   entities that lease spectrum usage rights as spectrum sublessees under
   spectrum subleasing arrangements.

   Spectrum manager leasing arrangement. A spectrum leasing arrangement in
   which a licensee retains both de jure control of its license and de facto
   control of the leased spectrum that it leases to a spectrum lessee, pursuant
   to the spectrum leasing rules set forth in this subpart.

   [ 68 FR 66277 , Nov. 25, 2003, as amended at  69 FR 77550 , Dec. 27, 2004]

   Effective Date Note: At  69 FR 77550 , Dec. 27, 2004, § 1.9003 was amended.
   This section contains information collection and recordkeeping requirements
   and will not become effective until approval has been given by the Office of
   Management and Budget.

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