§ 1.9046   Special provisions related to spectrum manager leasing in the
Citizens Broadband Radio Service.

   (a) Scope. Subject to § 96.32 of this chapter, a Priority Access
   Licensee, as defined in § 96.3 of this chapter, is permitted to engage
   in spectrum manager leasing for any portion of its spectrum or
   geographic area, outside of the PAL Protection Area, for any bandwidth
   or duration period of time within the terms of the license with any
   entity that has provided a certification to the Commission in
   accordance with this section or pursuant to the general notification
   procedures of § 1.9020(e).

   (b) Certification. The lessee seeking to engage in spectrum manager
   leasing pursuant to this section must certify with the Commission that
   it meets the same eligibility and qualification requirements applicable
   to the licensee before entering into a spectrum manger leasing
   arrangement with a Priority Access Licensee, as defined in § 96.3 of
   this chapter and maintain the accuracy of such certifications.

   (1) Priority Access Licensees, as defined in § 96.3 of this chapter, are
   deemed to meet the certification requirements.

   (2) Entities may also certify by using the Universal Licensing System
   and FCC Form 608.

   (c) Notifications regarding spectrum manager leasing arrangements.
   Prior to lessee operation, the licensee seeking to engage in spectrum
   manager leasing pursuant to § 1.9020(e) must submit notification of the
   leasing arrangement to the Spectrum Access System Administrator, as
   defined in § 96.3 of this chapter, by electronic filing. The
   notification shall include the following information:

   (1) Lessee contact information including name, address, telephone
   number, fax number, email address;

   (2) Lessee FCC Registration Number (FRN);

   (3) Name of Real Party in Interest and related FCC Registration Number
   (FRN);

   (4) The specific spectrum leased (in terms of amount of bandwidth and
   geographic area involved) including the call sign(s) affected by the
   lease; and

   (5) The duration of the lease.

   (d) Expiration, extension, or termination of a spectrum leasing
   arrangement. (1) Absent Commission termination or except as provided in
   paragraph (d)(2) or (3) of this section, a spectrum leasing arrangement
   entered into pursuant to this section will expire on the termination
   date set forth in the spectrum leasing notification.

   (2) A spectrum leasing arrangement may be extended beyond the initial
   term set forth in the spectrum leasing notification for an additional
   period not to exceed the term of the Priority Access License, as
   defined in § 96.3 of this chapter, provided that the licensee notifies
   the Spectrum Access System Administrator, as defined in § 96.3 of this
   chapter, of the extension in advance of operation under the extended
   term and does so pursuant to the notification procedures in this
   section.

   (3) If a spectrum leasing arrangement is terminated earlier than the
   termination date set forth in the notification, either by the licensee
   or by the parties' mutual agreement, the licensee must file a
   notification with the Spectrum Access System Administrator, no later
   than ten (10) days after the early termination, indicating the date of
   the termination. If the parties fail to put the spectrum leasing
   arrangement into effect, they must so notify the Spectrum Access System
   Administrator as promptly as practicable.

   (e) The Commission will place information concerning the commencement,
   an extension or an early termination of a spectrum leasing arrangement
   on public notice.

   [ 81 FR 49065 , July 26, 2016]

   Effective Date Note: At  81 FR 49065 , July 26, 2016, § 1.9046 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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