Section 1.9047 - [Effective on an indefinity delayed date ] Special provisions relating to spectrum leasing arrangements involving terrestrial spectrum rights for supplemental coverage from space(a)Supplemental coverage from space. For purposes of this section, supplemental coverage from space (SCS) has the same meaning as in § 25.103 of this chapter.(b)Geographically independent area (GIA). For purposes of this section, geographically independent area (GIA) has the same meaning as in § 25.103 of this chapter.(c)Part 25 SCS Entry Criteria. For purposes of this section, part 25 SCS Entry Criteria refers to the requirements outlined in § 25.125(a) and (b) of this chapter.(d)Scope. Under this section, a licensee may enter into a spectrum manager (see§ 1.9020 ) or de facto transfer (see §§ 1.9030 and 1.9035 ) leasing or subleasing arrangement with a spectrum lessee in only the bands identified in § 2.106(d)(33)(i) of this chapter for the purpose of meeting the part 25 SCS Entry Criteria. (1) The licensee seeking to engage in spectrum leasing under this section may do so under the following parameters: (i) A single licensee that holds all co-channel licenses on the relevant band in a GIA may enter into a leasing arrangement with one or more satellite operators.(ii) If there are multiple co-channel licensees that collectively hold all co-channel licenses in a particular band throughout one of six GIAs, the licensees may enter into spectrum leasing arrangements only under one of the following conditions: (A) One licensee holding a license in the GIA must enter into an individual spectrum leasing arrangement with each of the other co-channel licensees in that GIA. The licensee may then enter into a leasing arrangement with one satellite operator; or(B) One satellite operator may enter into individual leasing arrangements with each of the relevant co-channel licensees that together hold all co-channel licenses on the relevant band in the GIA.(2) The spectrum lessee or sublessee seeking to engage in spectrum leasing under this section must provide within the FCC Form 608: (i) A certification that the parties are entering into the leasing arrangement for the purpose of fulfilling the part 25 Entry Criteria;(ii) A description of which method, single or multiple terrestrial licensee, the parties are utilizing to meet the part 25 Entry Criteria; and(iii) If the parties are utilizing the spectrum leasing arrangement outlined in paragraph (d)(1)(ii) of this section, the parties must:(A) Describe the nature of the leasing arrangement(s); and(B) Demonstrate how the entirety of the GIA is covered by the lease arrangement(s).(e)FirstNet. In order for the First Responder Network Authority (FirstNet), as defined in 47 U.S.C. 1424 , to fulfill the part 25 SCS Entry Criteria, FirstNet must file an FCC Form 601 in the Universal Licensing System (ULS) that:(1) Describes the manner in which FirstNet has conveyed to its satellite partner an authorization to utilize the 758-769/788-799 MHz band or portions of the band;(2) Identifies and describes the geographic area(s) and nature of the proposed SCS operations; and(3) Demonstrates how, under the agreement, the rights and responsibilities of the satellite operator partner are substantively the same as those of a lessee under this part.(f)Subleasing. Notwithstanding the provisions of §§ 1.9020(l) and 1.9030(k) , an SCS spectrum lessee may sublease spectrum usage rights subject to the following condition.(1) Satellite operators may not enter into a spectrum subleasing arrangement where there are multiple terrestrial licensees jointly leasing their co-channel rights in a given GIA pursuant to paragraph (d)(1)(ii) of this section.(g)Construction/performance requirements. Notwithstanding the provisions of §§ 1.9020(d)(5)(i) and 1.9030(d)(5)(i) , a licensee may not attribute to itself the build-out or performance activities of its SCS spectrum lessee(s) for purposes of complying with any applicable performance or build-out requirement.84 FR 57364, 4/27/2020; 89 FR 34158, 5/30/2024; 89 FR 34159, effective date to be determined