§  1.9001   Purpose and scope.

   (a) The purpose of this subpart is to implement policies and rules
   pertaining to spectrum leasing arrangements between licensees in the
   services identified in this subpart and spectrum lessees. This subpart
   also implements policies for private commons arrangements. The policies
   and rules in this subpart also implicate other Commission rule parts,
   including parts 1, 2, 20, 22, 24, 25, 27, 30, 80, 90, 95, and 101 of
   title 47, chapter I of the Code of Federal Regulations.

   (b) Except as provided in paragraph (c) of this section, licensees
   holding exclusive use rights are permitted to engage in spectrum
   leasing whether their operations are characterized as commercial,
   common carrier, private, or non-common carrier.

   (c) A State Lessor licensee (as defined in § 90.1217 of this chapter) in
   the shared 4940-4990 MHz band (see part 90, subpart Y, of this chapter)
   is permitted to lease some or all of the spectrum rights under its
   license, except that a state identified as diverting 911 fees in the
   Commission's December 2019 911 Fee Report sent to Congress pursuant to
   47 U.S.C. 615a-1(f)(2) shall not be permitted to lease 4.9 GHz
   spectrum.

   [ 85 FR 76479 , Nov. 30, 2020]