47 CFR 1.9040 - Contractual requirements applicable to spectrum leasing arrangements.

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§ 1.9040 Contractual requirements applicable to spectrum leasing arrangements.
(a) Agreements between licensees and spectrum lessees concerning spectrum leasing arrangements entered into pursuant to the rules of this subpart must contain the following provisions:
(1) The spectrum lessee must comply at all times with applicable rules set forth in this chapter and other applicable law, and the spectrum leasing arrangement may be revoked, cancelled, or terminated by the licensee or Commission if the spectrum lessee fails to comply with the applicable requirements;
(2) If the license is revoked, cancelled, terminated, or otherwise ceases to be in effect, the spectrum lessee has no continuing authority or right to use the leased spectrum unless otherwise authorized by the Commission;
(3) The spectrum leasing arrangement is not an assignment, sale, or transfer of the license itself;
(4) The spectrum leasing arrangement shall not be assigned to any entity that is ineligible or unqualified to enter into a spectrum leasing arrangement under the applicable rules as set forth in this subpart;
(5) The licensee shall not consent to an assignment of a spectrum leasing arrangement unless such assignment complies with applicable Commission rules and regulations.
(b) Agreements between licensees that hold licenses subject to the Commission's installment payment program (see§ 1.2110 of subpart Q of this part and related service-specific rules) and spectrum lesseeys must contain the following additional provisions:
(1) The express acknowledgement that the license remains subject to the Commission's priority lien and security interest in the license and related proceeds, consistent with the provisions set forth in § 1.9045; and
(2) The agreement that the spectrum lessee shall not hold itself out to the public as the holder of the license and shall not hold itself out as a licensee by virtue of its having entered into a spectrum leasing arrangement.

Title 47 published on 2013-10-01

The following are only the Rules published in the Federal Register after the published date of Title 47.

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  • 2014-06-26; vol. 79 # 123 - Thursday, June 26, 2014
    1. 79 FR 36231 - Modernizing the FCC Form 477 Data Program
      GPO FDSys XML | Text
      FEDERAL COMMUNICATIONS COMMISSION
      Final rule; announcement of effective date.
      Sections 1.7001, 1.7002, 43.01 and 43.11, published at 78 FR 49126, were approved by the OMB on June 4, 2014 (OMB Control Number 3060-0816). Accordingly, the amendments to those sections published at 78 FR 49126, Aug. 13, 2013, are effective June 26, 2014.
      47 CFR Parts 1 and 43

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United States Code
Presidential Documents

Executive Order ... 11609

Executive Order ... 12107

Title 47 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 47 CFR 1 after this date.

  • 2014-08-06; vol. 79 # 151 - Wednesday, August 6, 2014
    1. 79 FR 45752 - Petitions for Reconsideration of Action in Rulemaking Proceeding
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      FEDERAL COMMUNICATIONS COMMISSION
      Petition for reconsideration.
      Oppositions to the Petitions must be filed by August 21, 2014. Replies to an opposition must be filed by September 2, 2014.
      47 CFR Parts 1, 2, and 27