82_FR_22388 82 FR 22296 - Spectrum Manager Leasing Arrangements; Correction

82 FR 22296 - Spectrum Manager Leasing Arrangements; Correction

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 92 (May 15, 2017)

Page Range22296-22297
FR Document2017-09756

The Wireless Telecommunications Bureau (Bureau) of the Federal Communications Commission (FCC) adopted and released an Order on May 3, 2017, correcting certain rules in part 1 of the FCC's rules. In particular, the FCC replaced certain inadvertently deleted paragraphs from a section of the Commission's rules.

Federal Register, Volume 82 Issue 92 (Monday, May 15, 2017)
[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Rules and Regulations]
[Pages 22296-22297]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09756]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[DA 17-417]


Spectrum Manager Leasing Arrangements; Correction

AGENCY: Federal Communications Commission.

ACTION: Final rule; correcting amendment.

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SUMMARY: The Wireless Telecommunications Bureau (Bureau) of the Federal 
Communications Commission (FCC) adopted and released an Order on May 3, 
2017, correcting certain rules in part 1 of the FCC's rules. In 
particular, the FCC replaced certain inadvertently deleted paragraphs 
from a section of the Commission's rules.

DATES: Effective May 15, 2017.

FOR FURTHER INFORMATION CONTACT:  Melissa Conway, 
[email protected], of the Wireless Telecommunications Bureau, 
Mobility Division, (202) 418-2887.

SUPPLEMENTARY INFORMATION: This document makes the following 
corrections to section 1.9020 of the Commission's rules.
    1. By this Order, the Bureau corrects and republishes section 
1.9020(e) \1\ of the Commission's rules in its entirety, in order to 
remedy an error in an earlier publication of the rule in the Code of 
Federal Regulations (CFR).
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    \1\ 47 CFR 1.9020(e).
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    2. Section 1.9020 of the Commission's rules addresses spectrum 
manager leasing arrangements.\2\ In revising the rule in the 2015 
Competitive Bidding Rules R&O,\3\ the Commission used amending language 
that resulted in the inadvertent deletion of paragraphs (e)(1) and (2) 
when the revised rule was published in the CFR. As there was no 
discussion in the Competitive Bidding Rules R&O of eliminating those 
paragraphs, it is apparent that the deletion was not intentional. 
Rather, the Commission's clear intent was only to revise the 
introductory text of paragraph (e).\4\
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    \2\ Id.
    \3\ Updating Part 1 Competitive Bidding Rules et al., Report and 
Order, Order on Reconsideration of the First Report and Order, Third 
Order on Reconsideration of the Second Report and Order, Third 
Report and Order, 30 FCC Rcd 7493 (2015) (Competitive Bidding Rules 
R&O).
    \4\ The introductory text was revised again in Amendment of the 
Commission's Rules with Regard to Commercial Operations in the 3550-
3650 MHz Band, Order on Reconsideration and Second Report and Order, 
31 FCC Rcd 5011 (2016).
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    3. On March 24, 2017, unaware of the earlier inadvertent deletion, 
the Commission released the Contraband Wireless Devices Report and 
Order,\5\ in which it adopted revisions to certain of the deleted 
paragraphs of section 1.9020(e).\6\ In order for the Commission to 
publish those rule changes in the Federal Register and make the 
necessary amendments to the CFR, we must first correct the earlier 
error and replace the inadvertently deleted paragraphs.
---------------------------------------------------------------------------

    \5\ Promoting Technological Solutions to Combat Contraband 
Wireless Device Use in Correctional Facilities, GN Docket No. 13-
111, Report and Order and Further Notice of Proposed Rulemaking, FCC 
17-25, 2017 WL 1135543 (2017) (Contraband Wireless Devices Report 
and Order).
    \6\ See Contraband Wireless Devices Report and Order, Appx. A 
(revising the introductory language of paragraph (e)(2), 
redesignating paragraphs (e)(2)(ii) and (iii) as (e)(2)(iii) and 
(iv), respectively, and adding new paragraph (e)(2)(ii)).
---------------------------------------------------------------------------

    4. Accordingly, by this Order, the Bureau restores the 
inadvertently deleted portions of section 1.9020(e) of the Commission's 
rules. This rule correction, which serves to effectuate the 
Commission's intent, reinstates the inadvertently deleted paragraphs of 
section 1.9020(e) and republishes section 1.9020(e) in its entirety for 
clarity. The corrected version of section 1.9020(e) is attached as 
Appendix A to the Order released by the Commission on May 3, 2017.\7\
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    \7\ Commission Rule; Spectrum Manager Leasing Arrangements, 
Order, DA 17-471 (WTB 2017).
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    5. The Bureau finds it appropriate to forego a notice-and-comment 
period prior to this Order taking effect, given the nature of this rule 
correction and the impact of the current error within the Commission's 
rules. The Administrative Procedure Act (APA) provides that notice 
procedures are not required where ``the agency for good cause finds 
(and incorporates the finding and a brief statement of reasons therefor 
in the rules issued) that notice and public procedure thereon are 
impracticable, unnecessary, or contrary to the public interest.'' \8\ 
We find that using the procedures of a notice-and-comment rulemaking to 
reinstate the inadvertently deleted paragraphs of section 1.9020(e) 
would be contrary to the public interest because it would delay the 
implementation of certain significant public safety initiatives adopted 
by the Commission and would be unlikely to effectuate the public 
interest benefits usually associated with the conduct of a notice-and-
comment proceeding.
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    \8\ 5 U.S.C. 553(b)(B).
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    6. Requiring notice and comment prior to the rule correction 
becoming effective would delay the implementation of certain rule 
amendments adopted in the Contraband Wireless Devices Report and Order, 
which are intended to expedite processing of spectrum lease 
applications or notifications for certain systems used to combat the 
use of contraband wireless devices in correctional facilities. We find 
that it would be contrary to the public interest to delay the 
significant public safety impact of these systems in order to provide 
notice and comment for this rule correction. We reach this conclusion 
specifically in light of the fact that the usual benefits of notice and 
comment appear to be absent here, given the Commission demonstrably did 
not intend to delete the longstanding paragraphs of section 1.9020(e) 
\9\ and, in the intervening period following the inadvertent deletion, 
the public appears to have been operating under the assumption that the 
process contained in the deleted paragraphs remained intact. Indeed, 
since the Competitive Bidding Rules R&O, which resulted in the 
deletion, the Bureau has continued to receive the notifications filed 
by licensees pursuant to the procedures and standards set forth in 
section 1.9020(e), including its inadvertently deleted paragraphs. 
Because a notice-and-comment procedure would be contrary to the public 
interest, the Bureau finds good cause to forego a notice-and-comment 
rulemaking for the purposes of this correction to section 1.9020(e).
---------------------------------------------------------------------------

    \9\ Nothing in the Competitive Bidding Rules R&O mentions 
deleting the relevant paragraphs.
---------------------------------------------------------------------------

    7. The APA requires publication of a substantive rule at least 30 
days before its effective date ``except as otherwise provided by the 
agency for good cause found and published with the rule.'' \10\
---------------------------------------------------------------------------

    \10\ 5 U.S.C. 553(d)(3).
---------------------------------------------------------------------------

    For the same reasons that we forego notice-and-comment procedures, 
we find good cause to make this correction to section 1.9020(e) 
effective immediately to remedy the error in the rule in the CFR.

List of Subjects in 47 CFR Part 1

    Administrative practice and procedures.


[[Page 22297]]


Federal Communications Commission.
Ne[scedil]e Guendelsberger,
Acting Chief, Wireless Telecommunications Bureau.
    Accordingly, 47 CFR part 1 is corrected by making the following 
correcting amendment:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 160, 201, 225, 227, 303, 309, 310, 332, 1403, 1404, 1451, 
1452, and 1455.

0
2. In Sec.  1.9020, the introductory text of paragraph (e) is 
republished and paragraphs (e)(1) and (2) are added to read as follows:


Sec.  1.9020  Spectrum manager leasing arrangements.

* * * * *
    (e) Notifications regarding spectrum manager leasing arrangements. 
A licensee that seeks to enter into a spectrum manager leasing 
arrangement must notify the Commission of the arrangement in advance of 
the spectrum lessee's commencement of operations under the lease. 
Unless the license covering the spectrum to be leased is held pursuant 
to the Commission's designated entity rules and continues to be subject 
to unjust enrichment requirements and/or transfer restrictions (see 
Sec. Sec.  1.2110 and 1.2111, and Sec. Sec.  24.709, 24.714, and 24.839 
of this chapter) or restrictions in Sec.  1.9046 and Sec.  96.32 of 
this chapter, the spectrum manager lease notification will be processed 
pursuant to either the general notification procedures or the immediate 
processing procedures, as set forth herein. The licensee must submit 
the notification to the Commission by electronic filing using the 
Universal Licensing System (ULS) and FCC Form 608, except that a 
licensee falling within the provisions of Sec.  1.913(d) may file the 
notification either electronically or manually. If the license covering 
the spectrum to be leased is held pursuant to the Commission's 
designated entity rules, the spectrum manager lease will require 
Commission acceptance of the spectrum manager lease notification prior 
to the commencement of operations under the lease.
    (1) General notification procedures. Notifications of spectrum 
manager leasing arrangements will be processed pursuant to the general 
notification procedures set forth in this paragraph (e)(1) unless they 
are submitted and qualify for the immediate processing procedures set 
forth in paragraph (e)(2) of this section.
    (i) To be accepted under these general notification procedures, the 
notification must be sufficiently complete and contain all information 
and certifications requested on the applicable form, FCC Form 608, 
including any information and certifications (including those of the 
spectrum lessee relating to eligibility, basic qualifications, and 
foreign ownership) required by the rules in this chapter and any rules 
pertaining to the specific service for which the notification is filed. 
No application fees are required for the filing of a spectrum manager 
leasing notification.
    (ii) The licensee must submit such notification at least 21 days in 
advance of commencing operations unless the arrangement is for a term 
of one year or less, in which case the licensee must provide 
notification to the Commission at least ten (10) days in advance of 
operation. If the licensee and spectrum lessee thereafter seek to 
extend this leasing arrangement for an additional term beyond the 
initial term, the licensee must provide the Commission with 
notification of the new spectrum leasing arrangement at least 21 days 
in advance of operation under the extended term.
    (iii) A notification filed pursuant to these general notification 
procedures will be placed on an informational public notice on a weekly 
basis (see Sec.  1.933(a)) once accepted, and is subject to 
reconsideration (see Sec. Sec.  1.106(f), 1.108, 1.113).
    (2) Immediate processing procedures. Notifications that meet the 
requirements of paragraph (e)(2)(i) of this section qualify for the 
immediate processing procedures.
    (i) To qualify for these immediate processing procedures, the 
notification must be sufficiently complete and contain all necessary 
information and certifications (including those relating to 
eligibility, basic qualifications, and foreign ownership) required for 
notifications processed under the general notification procedures set 
forth in paragraph (e)(1)(i) of this section, and also must establish, 
through certifications, that the following additional qualifications 
are met:
    (A) The license does not involve spectrum that may be used to 
provide interconnected mobile voice and/or data services under the 
applicable service rules and that would, if the spectrum leasing 
arrangement were consummated, create a geographic overlap with spectrum 
in any licensed Wireless Radio Service (including the same service), or 
in the ATC of a Mobile Satellite Service, in which the proposed 
spectrum lessee already holds a direct or indirect interest of 10% or 
more (see Sec.  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;
    (B) The licensee is not a designated entity or entrepreneur subject 
to unjust enrichment requirements and/or transfer restrictions under 
applicable Commission rules (see Sec. Sec.  1.2110 and 1.2111, and 
Sec. Sec.  24.709, 24.714, and 24.839 of this chapter); and,
    (C) The spectrum leasing arrangement does not require a waiver of, 
or declaratory ruling pertaining to, any applicable Commission rules.
    (ii) Provided that the notification establishes that the proposed 
spectrum manager leasing arrangement meets all of the requisite 
elements to qualify for these immediate processing procedures, ULS will 
reflect that the notification has been accepted. If a qualifying 
notification is filed electronically, the acceptance will be reflected 
in ULS on the next business day after filing of the notification; if 
filed manually, the acceptance will be reflected in ULS on the next 
business day after the necessary data from the manually filed 
notification is entered into ULS. Once the notification has been 
accepted, as reflected in ULS, the spectrum lessee may commence 
operations under the spectrum leasing arrangement, consistent with the 
term of the arrangement.
    (iii) A notification filed pursuant to these immediate processing 
procedures will be placed on an informational public notice on a weekly 
basis (see Sec.  1.933(a)) once accepted, and is subject to 
reconsideration (see Sec. Sec.  1.106(f), 1.108, 1.113).
* * * * *
[FR Doc. 2017-09756 Filed 5-12-17; 8:45 am]
BILLING CODE 6712-01-P



                                              22296                      Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Rules and Regulations

                                              adverse human health or environmental                      discussion in the Competitive Bidding                         the public interest because it would
                                              effects on minority, low-income, or                        Rules R&O of eliminating those                                delay the implementation of certain
                                              indigenous populations, as specified in                    paragraphs, it is apparent that the                           significant public safety initiatives
                                              Executive Order 12898 (59 FR 7629,                         deletion was not intentional. Rather, the                     adopted by the Commission and would
                                              February 16, 1994).                                        Commission’s clear intent was only to                         be unlikely to effectuate the public
                                                Dated: May 4, 2017.                                      revise the introductory text of paragraph                     interest benefits usually associated with
                                                                                                         (e).4                                                         the conduct of a notice-and-comment
                                              E. Scott Pruitt,
                                                                                                           3. On March 24, 2017, unaware of the                        proceeding.
                                              Administrator.                                             earlier inadvertent deletion, the                                6. Requiring notice and comment
                                              [FR Doc. 2017–09386 Filed 5–11–17; 11:15 am]               Commission released the Contraband                            prior to the rule correction becoming
                                              BILLING CODE 6560–50–P                                     Wireless Devices Report and Order,5 in                        effective would delay the
                                                                                                         which it adopted revisions to certain of                      implementation of certain rule
                                                                                                         the deleted paragraphs of section                             amendments adopted in the Contraband
                                              FEDERAL COMMUNICATIONS                                     1.9020(e).6 In order for the Commission                       Wireless Devices Report and Order,
                                              COMMISSION                                                 to publish those rule changes in the                          which are intended to expedite
                                                                                                         Federal Register and make the                                 processing of spectrum lease
                                              47 CFR Part 1                                              necessary amendments to the CFR, we                           applications or notifications for certain
                                              [DA 17–417]                                                must first correct the earlier error and                      systems used to combat the use of
                                                                                                         replace the inadvertently deleted                             contraband wireless devices in
                                              Spectrum Manager Leasing                                   paragraphs.                                                   correctional facilities. We find that it
                                              Arrangements; Correction                                     4. Accordingly, by this Order, the                          would be contrary to the public interest
                                                                                                         Bureau restores the inadvertently                             to delay the significant public safety
                                              AGENCY:  Federal Communications                            deleted portions of section 1.9020(e) of                      impact of these systems in order to
                                              Commission.                                                the Commission’s rules. This rule                             provide notice and comment for this
                                              ACTION: Final rule; correcting                             correction, which serves to effectuate                        rule correction. We reach this
                                              amendment.                                                 the Commission’s intent, reinstates the                       conclusion specifically in light of the
                                                                                                         inadvertently deleted paragraphs of                           fact that the usual benefits of notice and
                                              SUMMARY:   The Wireless                                    section 1.9020(e) and republishes
                                              Telecommunications Bureau (Bureau) of                                                                                    comment appear to be absent here,
                                                                                                         section 1.9020(e) in its entirety for                         given the Commission demonstrably did
                                              the Federal Communications                                 clarity. The corrected version of section
                                              Commission (FCC) adopted and released                                                                                    not intend to delete the longstanding
                                                                                                         1.9020(e) is attached as Appendix A to                        paragraphs of section 1.9020(e) 9 and, in
                                              an Order on May 3, 2017, correcting                        the Order released by the Commission
                                              certain rules in part 1 of the FCC’s rules.                                                                              the intervening period following the
                                                                                                         on May 3, 2017.7                                              inadvertent deletion, the public appears
                                              In particular, the FCC replaced certain                      5. The Bureau finds it appropriate to
                                              inadvertently deleted paragraphs from a                                                                                  to have been operating under the
                                                                                                         forego a notice-and-comment period
                                              section of the Commission’s rules.                                                                                       assumption that the process contained
                                                                                                         prior to this Order taking effect, given
                                              DATES: Effective May 15, 2017.
                                                                                                                                                                       in the deleted paragraphs remained
                                                                                                         the nature of this rule correction and the
                                                                                                                                                                       intact. Indeed, since the Competitive
                                              FOR FURTHER INFORMATION CONTACT:                           impact of the current error within the
                                                                                                                                                                       Bidding Rules R&O, which resulted in
                                              Melissa Conway, Melissa.Conway@                            Commission’s rules. The Administrative
                                                                                                                                                                       the deletion, the Bureau has continued
                                              fcc.gov, of the Wireless                                   Procedure Act (APA) provides that
                                                                                                                                                                       to receive the notifications filed by
                                              Telecommunications Bureau, Mobility                        notice procedures are not required
                                                                                                                                                                       licensees pursuant to the procedures
                                              Division, (202) 418–2887.                                  where ‘‘the agency for good cause finds
                                                                                                                                                                       and standards set forth in section
                                              SUPPLEMENTARY INFORMATION: This                            (and incorporates the finding and a brief
                                                                                                                                                                       1.9020(e), including its inadvertently
                                              document makes the following                               statement of reasons therefor in the
                                                                                                                                                                       deleted paragraphs. Because a notice-
                                              corrections to section 1.9020 of the                       rules issued) that notice and public
                                                                                                                                                                       and-comment procedure would be
                                              Commission’s rules.                                        procedure thereon are impracticable,
                                                                                                                                                                       contrary to the public interest, the
                                                1. By this Order, the Bureau corrects                    unnecessary, or contrary to the public
                                                                                                                                                                       Bureau finds good cause to forego a
                                              and republishes section 1.9020(e) 1 of                     interest.’’ 8 We find that using the
                                                                                                                                                                       notice-and-comment rulemaking for the
                                              the Commission’s rules in its entirety, in                 procedures of a notice-and-comment
                                                                                                                                                                       purposes of this correction to section
                                              order to remedy an error in an earlier                     rulemaking to reinstate the
                                                                                                                                                                       1.9020(e).
                                              publication of the rule in the Code of                     inadvertently deleted paragraphs of                              7. The APA requires publication of a
                                              Federal Regulations (CFR).                                 section 1.9020(e) would be contrary to                        substantive rule at least 30 days before
                                                2. Section 1.9020 of the Commission’s                                                                                  its effective date ‘‘except as otherwise
                                              rules addresses spectrum manager                              4 The introductory text was revised again in
                                                                                                                                                                       provided by the agency for good cause
                                              leasing arrangements.2 In revising the                     Amendment of the Commission’s Rules with Regard
                                                                                                         to Commercial Operations in the 3550–3650 MHz                 found and published with the rule.’’ 10
                                              rule in the 2015 Competitive Bidding                       Band, Order on Reconsideration and Second Report                 For the same reasons that we forego
                                              Rules R&O,3 the Commission used                            and Order, 31 FCC Rcd 5011 (2016).                            notice-and-comment procedures, we
                                              amending language that resulted in the                        5 Promoting Technological Solutions to Combat
                                                                                                                                                                       find good cause to make this correction
                                              inadvertent deletion of paragraphs (e)(1)                  Contraband Wireless Device Use in Correctional
                                                                                                         Facilities, GN Docket No. 13–111, Report and Order            to section 1.9020(e) effective
                                              and (2) when the revised rule was                          and Further Notice of Proposed Rulemaking, FCC                immediately to remedy the error in the
                                              published in the CFR. As there was no                      17–25, 2017 WL 1135543 (2017) (Contraband                     rule in the CFR.
                                                                                                         Wireless Devices Report and Order).
sradovich on DSK3GMQ082PROD with RULES




                                                1 47    CFR 1.9020(e).                                      6 See Contraband Wireless Devices Report and               List of Subjects in 47 CFR Part 1
                                                2 Id.                                                    Order, Appx. A (revising the introductory language
                                                                                                         of paragraph (e)(2), redesignating paragraphs
                                                                                                                                                                         Administrative practice and
                                                3 Updating Part 1 Competitive Bidding Rules et

                                              al., Report and Order, Order on Reconsideration of         (e)(2)(ii) and (iii) as (e)(2)(iii) and (iv), respectively,   procedures.
                                              the First Report and Order, Third Order on                 and adding new paragraph (e)(2)(ii)).
                                                                                                            7 Commission Rule; Spectrum Manager Leasing                 9 Nothing in the Competitive Bidding Rules R&O
                                              Reconsideration of the Second Report and Order,
                                              Third Report and Order, 30 FCC Rcd 7493 (2015)             Arrangements, Order, DA 17–471 (WTB 2017).                    mentions deleting the relevant paragraphs.
                                              (Competitive Bidding Rules R&O).                              8 5 U.S.C. 553(b)(B).                                       10 5 U.S.C. 553(d)(3).




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                                                                  Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Rules and Regulations                                                 22297

                                              Federal Communications Commission.                      leasing arrangements will be processed                certifications, that the following
                                              Neşe Guendelsberger,                                   pursuant to the general notification                  additional qualifications are met:
                                              Acting Chief, Wireless Telecommunications               procedures set forth in this paragraph                   (A) The license does not involve
                                              Bureau.                                                 (e)(1) unless they are submitted and                  spectrum that may be used to provide
                                                Accordingly, 47 CFR part 1 is                         qualify for the immediate processing                  interconnected mobile voice and/or data
                                              corrected by making the following                       procedures set forth in paragraph (e)(2)              services under the applicable service
                                              correcting amendment:                                   of this section.                                      rules and that would, if the spectrum
                                                                                                         (i) To be accepted under these general             leasing arrangement were
                                              PART 1—PRACTICE AND                                     notification procedures, the notification             consummated, create a geographic
                                              PROCEDURE                                               must be sufficiently complete and                     overlap with spectrum in any licensed
                                                                                                      contain all information and                           Wireless Radio Service (including the
                                              ■ 1. The authority citation for part 1                                                                        same service), or in the ATC of a Mobile
                                                                                                      certifications requested on the
                                              continues to read as follows:                                                                                 Satellite Service, in which the proposed
                                                                                                      applicable form, FCC Form 608,
                                                Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.            including any information and                         spectrum lessee already holds a direct
                                              151, 154(i), 154(j), 155, 157, 160, 201, 225,           certifications (including those of the                or indirect interest of 10% or more (see
                                              227, 303, 309, 310, 332, 1403, 1404, 1451,              spectrum lessee relating to eligibility,              § 1.2112), either as a licensee or a
                                              1452, and 1455.
                                                                                                      basic qualifications, and foreign                     spectrum lessee, and that could be used
                                              ■ 2. In § 1.9020, the introductory text of              ownership) required by the rules in this              by the spectrum lessee to provide
                                              paragraph (e) is republished and                        chapter and any rules pertaining to the               interconnected mobile voice and/or data
                                              paragraphs (e)(1) and (2) are added to                  specific service for which the                        services;
                                              read as follows:                                        notification is filed. No application fees               (B) The licensee is not a designated
                                              § 1.9020 Spectrum manager leasing                       are required for the filing of a spectrum             entity or entrepreneur subject to unjust
                                              arrangements.                                           manager leasing notification.                         enrichment requirements and/or
                                              *      *     *    *     *                                  (ii) The licensee must submit such                 transfer restrictions under applicable
                                                 (e) Notifications regarding spectrum                 notification at least 21 days in advance              Commission rules (see §§ 1.2110 and
                                              manager leasing arrangements. A                         of commencing operations unless the                   1.2111, and §§ 24.709, 24.714, and
                                              licensee that seeks to enter into a                     arrangement is for a term of one year or              24.839 of this chapter); and,
                                              spectrum manager leasing arrangement                    less, in which case the licensee must                    (C) The spectrum leasing arrangement
                                              must notify the Commission of the                       provide notification to the Commission                does not require a waiver of, or
                                              arrangement in advance of the spectrum                  at least ten (10) days in advance of                  declaratory ruling pertaining to, any
                                              lessee’s commencement of operations                     operation. If the licensee and spectrum               applicable Commission rules.
                                              under the lease. Unless the license                     lessee thereafter seek to extend this                    (ii) Provided that the notification
                                              covering the spectrum to be leased is                   leasing arrangement for an additional                 establishes that the proposed spectrum
                                              held pursuant to the Commission’s                       term beyond the initial term, the                     manager leasing arrangement meets all
                                              designated entity rules and continues to                licensee must provide the Commission                  of the requisite elements to qualify for
                                              be subject to unjust enrichment                         with notification of the new spectrum                 these immediate processing procedures,
                                              requirements and/or transfer restrictions               leasing arrangement at least 21 days in               ULS will reflect that the notification has
                                              (see §§ 1.2110 and 1.2111, and                          advance of operation under the                        been accepted. If a qualifying
                                              §§ 24.709, 24.714, and 24.839 of this                   extended term.                                        notification is filed electronically, the
                                              chapter) or restrictions in § 1.9046 and                   (iii) A notification filed pursuant to             acceptance will be reflected in ULS on
                                              § 96.32 of this chapter, the spectrum                   these general notification procedures                 the next business day after filing of the
                                              manager lease notification will be                      will be placed on an informational                    notification; if filed manually, the
                                              processed pursuant to either the general                public notice on a weekly basis (see                  acceptance will be reflected in ULS on
                                              notification procedures or the                          § 1.933(a)) once accepted, and is subject             the next business day after the necessary
                                              immediate processing procedures, as set                 to reconsideration (see §§ 1.106(f),                  data from the manually filed
                                              forth herein. The licensee must submit                  1.108, 1.113).                                        notification is entered into ULS. Once
                                              the notification to the Commission by                      (2) Immediate processing procedures.               the notification has been accepted, as
                                              electronic filing using the Universal                   Notifications that meet the requirements              reflected in ULS, the spectrum lessee
                                              Licensing System (ULS) and FCC Form                     of paragraph (e)(2)(i) of this section                may commence operations under the
                                              608, except that a licensee falling within              qualify for the immediate processing                  spectrum leasing arrangement,
                                              the provisions of § 1.913(d) may file the               procedures.                                           consistent with the term of the
                                              notification either electronically or                      (i) To qualify for these immediate                 arrangement.
                                              manually. If the license covering the                   processing procedures, the notification                  (iii) A notification filed pursuant to
                                              spectrum to be leased is held pursuant                  must be sufficiently complete and                     these immediate processing procedures
                                              to the Commission’s designated entity                   contain all necessary information and                 will be placed on an informational
                                              rules, the spectrum manager lease will                  certifications (including those relating              public notice on a weekly basis (see
                                              require Commission acceptance of the                    to eligibility, basic qualifications, and             § 1.933(a)) once accepted, and is subject
                                              spectrum manager lease notification                     foreign ownership) required for                       to reconsideration (see §§ 1.106(f),
                                              prior to the commencement of                            notifications processed under the                     1.108, 1.113).
                                              operations under the lease.                             general notification procedures set forth             *       *    *     *      *
                                                 (1) General notification procedures.                 in paragraph (e)(1)(i) of this section, and           [FR Doc. 2017–09756 Filed 5–12–17; 8:45 am]
sradovich on DSK3GMQ082PROD with RULES




                                              Notifications of spectrum manager                       also must establish, through                          BILLING CODE 6712–01–P




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Document Created: 2017-05-13 02:38:51
Document Modified: 2017-05-13 02:38:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correcting amendment.
DatesEffective May 15, 2017.
ContactMelissa Conway, [email protected], of the Wireless Telecommunications Bureau, Mobility Division, (202) 418-2887.
FR Citation82 FR 22296 

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