§ 1.9080   Private commons.

   (a) Overview. 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). In a
   private commons arrangement, the licensee or spectrum lessee authorizes
   users of certain communications devices employing particular technical
   parameters, as specified by the licensee or spectrum lessee, to operate
   under the license authorization. A private commons arrangement differs from
   a  spectrum  leasing  arrangement  in  that,  unlike  spectrum leasing
   arrangements, a private commons arrangement does not involve individually
   negotiated  spectrum  access rights with entities that seek to provide
   network-based services to end-users. A private commons arrangement does not
   affect unlicensed operations in a particular licensed band to the extent
   that they are permitted pursuant to part 15.

   (b) Licensee/spectrum lessee responsibilities. As the manager of any private
   commons, the licensee or spectrum lessee:

   (1) Establishes the technical and operating terms and conditions of use by
   users of the private commons, including those relating to the types of
   communications  devices  that  may be used within the private commons,
   consistent  with  the  terms  and conditions of the underlying license
   authorization;

   (2) Retains de facto control of the use of spectrum by users within the
   private commons, including maintaining reasonable oversight over the users'
   use of the spectrum in the private commons so as to ensure that the use of
   the  spectrum,  and communications equipment employed, comply with all
   applicable technical and service rules (including requirements relating to
   radiofrequency  radiation)  and maintaining the ability to ensure such
   compliance; and,

   (3) Retains direct responsibility for ensuring that the users of the private
   commons, and the equipment employed, comply with all applicable technical
   and  service  rules, including requirements relating to radiofrequency
   radiation and requirements relating to interference.

   (c)  Notification  requirements. Prior to permitting users to commence
   operations within a private commons, the licensee or spectrum lessee must
   notify the Commission, using FCC Form 608, that it is establishing a private
   commons  arrangement.  This notification must include information that
   describes: the location(s) or coverage area(s) of the private commons under
   the license authorization; the term of the arrangement; the general terms
   and  conditions for users that would be gaining spectrum access to the
   private commons; the technical requirements and equipment that the licensee
   or spectrum lessee has approved for use within the private commons; and, the
   types of communications uses that are to be allowed within the private
   commons.

   [ 69 FR 77558 , Dec. 27, 2004]

   Effective Date Note: At  69 FR 77558 , Dec. 27, 2004, § 1.9080 was added. 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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Subpart Y—International Bureau Filing System

   Source:  69 FR 29895 , May 26, 2004, unless otherwise noted. Redesignated at
    69 FR 40327 , July 2, 2004.

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