[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Rules and Regulations]
[Pages 31252-31260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13379]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, and 25

[ET Docket No. 10-142; FCC 11-57]


Fixed and Mobile Services in the Mobile Satellite Service Bands 
at 1525-1559 MHz and 1626.5-1660.5 MHz, 1610-1626.5 MHz and 2483.5-2500 
MHz, and 2000-2020 MHz and 2180-2200 MHz

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission amends its rules to make 
additional spectrum available for new investment in mobile broadband 
networks while also ensuring that the United States maintains robust 
mobile satellite service capabilities. First, this document adds co-
primary Fixed and Mobile allocations to the Mobile Satellite Service 
(MSS) 2 GHz band, consistent with the International Table of 
Allocations, allowing more flexible use of the band, including for 
terrestrial broadband services, in the future. Second, to create 
greater predictability and regulatory parity with the bands licensed 
for terrestrial mobile broadband service, the document extends the 
Commission's existing secondary market spectrum manager spectrum 
leasing policies, procedures, and rules that currently apply to 
wireless terrestrial services to terrestrial services provided using 
the Ancillary Terrestrial Component (ATC) of an MSS system.

DATES: Effective June 30, 2011.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Kevin Holmes, Wireless 
Telecommunications Bureau at 202-418-2487 or [email protected], or 
Nicholas Oros, Office of Engineering and Technology at 202-418-0636 or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, FCC 11-57, adopted on April 5, 2011, and released on April 
6, 2011, as corrected by an erratum issued on April 15, 2011. The full 
text of this document is available for inspection and copying during 
normal business hours in the FCC Reference Information Center, Room CY-
A257, 445 12th Street, SW., Washington, DC 20554. The complete text may 
be purchased from the Commission's duplicating contractor, Best Copy 
and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, (202) 488-5300, facsimile (202) 488-5563, 
or via e-mail at [email protected]. The complete text is also available 
on the Commission's Web site at http://wireless.fcc.gov/edocs_public/attachment/FCC-11-57A1doc. This full text may also be downloaded at: 
http://wireless.fcc.gov/releases.html. Alternative formats (computer 
diskette, large print, audio cassette, and Braille) are available by 
contacting Brian Millin at (202) 418-7426, TTY (202) 418-7365, or via 
e-mail to [email protected].

Summary

    The Federal Communications Commission makes additional spectrum 
available for new investment in mobile broadband networks while also 
ensuring that the United States maintains robust MSS capabilities. This 
action is consistent with Recommendation 5.8.4 of the National 
Broadband Plan, which recommended that 90 megahertz of spectrum 
allocated to MSS could be made available for terrestrial mobile 
broadband use, while preserving sufficient MSS capability to serve 
rural areas, public safety, and other important national purposes. The 
rules adopted herein: (1) Add co-primary Fixed and Mobile allocations 
to the MSS 2GHz band, consistent with the International Table of 
Allocations, and (2) extend the Commission's existing secondary market 
spectrum manager spectrum leasing policies, procedures, and rules that 
currently apply to wireless terrestrial services to services provided 
using the ATC of an MSS system.

I. Background

    1. Mobile Satellite Service Spectrum Allocation. MSS is a 
radiocommunications service involving transmission between mobile earth 
stations and one or more space stations. As we discussed in the MSS 
NPRM, three MSS frequency bands are capable of supporting broadband 
service: The 2 GHz band (``S-band'') from 2000-2020 MHz and 2180-2200 
MHz, the Big LEO Band from 1610-1626.5 MHz and 2483.5-2500 MHz, and the 
L-band from 1525-1559 MHz and 1626.5-1660.5 MHz. 75 FR 49871 (August 
16, 2010). Although the International Table of Allocations includes a 
primary Fixed and Mobile services allocation along with the primary 
Mobile-Satellite allocation in the S-band, such co-allocations do not 
exist in the U.S. Table. The Big LEO and L-bands are not allocated for 
Fixed and Mobile services either in the United States or on an 
international basis.
    2. In addition, as noted in the MSS NOI, MSS has the capability to 
serve important needs, such as rural access and disaster recovery. 75 
FR 49871 (August 16, 2010). MSS has the ability to provide 
communications to mobile

[[Page 31253]]

user terminals anywhere in the United States, including in remote areas 
where people are without basic telecommunications services. MSS is 
particularly well suited for meeting the needs of the transportation, 
petroleum, and other vital industries. MSS operators have the ability 
to operate when existing terrestrial infrastructure is non-existent or 
has been degraded or destroyed and therefore can meet public safety and 
emergency communication needs in times of national crises and natural 
disasters. For example, MSS satellite networks were utilized in the 
aftermath of the terrorist attacks of September 11, 2001, and during 
the hurricane season of 2005. MSS units provide interoperable 
connections between emergency responders and other communications 
networks, and can even link U.S. emergency response providers with 
counterparts in neighboring countries.
    3. Terrestrial Use of MSS Spectrum. At present, use of these MSS 
bands for terrestrial mobile service is permitted only under the 
Commission's ATC rules and in association with the existing satellite 
system authority. The Commission adopted the ATC rules in 2003. ATC 
consists of terrestrial base stations and mobile terminals that re-use 
frequencies assigned for MSS operations. In the MSS NPRM, we noted that 
technological developments involving the use of MSS/ATC spectrum could 
soon lead to the provision of mobile broadband services similar to 
those provided by terrestrial mobile providers. In particular, we 
observed that SkyTerra (now LightSquared) plans to construct an 
integrated national satellite/terrestrial mobile broadband network, 
which would make use of both MSS spectrum and terrestrial spectrum that 
it has already leased in the secondary market, and that the services it 
would offer have the potential to expand services offered in the 
overall market of mobile terrestrial wireless services and to enhance 
competition in this larger mobile marketplace. In addition to 
LightSquared, three other MSS licensees have received ATC authority, 
although none of these currently has commercial terrestrial ATC 
stations in operation. We note that Globalstar's ATC authority has been 
suspended for failure to come into compliance with the ATC ``gating 
criteria'' as required pursuant to the temporary waiver granted in 
2008.
    4. Secondary Market Policies and MSS Spectrum. Currently, the 
Commission's secondary markets spectrum leasing framework, which 
applies to terrestrial Wireless Radio Services licenses, does not 
extend to ATC uses of MSS spectrum. In the Secondary Markets First 
Report and Order adopted in 2003, the Commission established policies 
and rules by which terrestrially-based Wireless Radio Service licensees 
could lease some or all of the spectrum usage rights associated with 
their licenses to third party spectrum lessees, which could then 
provide wireless services consistent with the underlying license 
authorization. 68 FR 66232 (November 25, 2003). The Commission provided 
for two different types of spectrum leasing arrangements for Wireless 
Radio Services: Spectrum manager leasing arrangements and de facto 
transfer leasing arrangements. Spectrum manager leasing arrangements 
require the licensee to maintain an active role in ensuring compliance 
with applicable Commission policies and rules but do not involve a 
transfer of de facto control under 47 U.S.C. 310(d), while de facto 
transfer leasing arrangements involve a transfer of de facto control 
and require Commission approval. In establishing these secondary market 
policies, the Commission sought to promote more efficient, innovative, 
and dynamic use of the spectrum, expand the scope of available wireless 
services and devices, enhance economic opportunities for accessing 
spectrum, promote competition among terrestrial wireless service 
providers, and eliminate regulatory uncertainty surrounding terrestrial 
spectrum leasing arrangements. At that time, however, the Commission 
decided not to extend these spectrum leasing policies and rules to 
satellite services. In particular, the Commission recognized that there 
already was a well-established set of policies and rules in effect for 
satellite-capacity transponder leasing, the kinds of leasing 
arrangements that were occurring in the context of satellite services. 
Satellite-capacity transponder leasing arrangements differ from 
spectrum leasing arrangements. Among other things, satellite-capacity 
transponder leasing does not involve the leasing of spectrum. 
Subsequently, the Commission extended the leasing framework to 
additional Wireless Radio Services and to Public Safety services, as 
well as to other terrestrial spectrum bands that became available.
    5. More recently, as ATC services have begun to develop, the 
Commission has drawn guidance from the Wireless Radio Services 
secondary market leasing policies. In 2008, the Commission determined 
that its ATC policies specifically contemplated that MSS licensees 
could lease access to spectrum to third-party terrestrial providers so 
long as the requisite ATC gating requirements are met. Furthermore, the 
Commission found in one case that the particular ATC spectrum leasing 
arrangement at issue--which the parties had directly modeled on the 
requirements for spectrum manager leasing arrangements already 
available to terrestrial wireless services--was consistent with 
Commission policy, including the statutory requirement relating to 
transfers of control under 47 U.S.C. 310(d) that applied to Wireless 
Radio Services under the secondary market policies. Specifically, the 
Commission found that the leasing arrangement was consistent with a 
spectrum manager leasing arrangement under its spectrum leasing 
policies for Wireless Radio Services. Thus, even though the Commission 
did not adopt the terrestrial Wireless Radio Services spectrum leasing 
policies and rules for MSS/ATC spectrum leasing arrangements in a 
rulemaking context, it nonetheless applied the statutory interpretation 
relating to those policies and rules to the particular lease of MSS 
spectrum associated with an ATC authorization.

II. Discussion

A. Co-Primary Allocation of the MSS 2 GHz Band for Terrestrial and 
Fixed Services

    6. As proposed in the MSS NPRM, we add Fixed and Mobile allocations 
to the 2000-2020 MHz and 2180-2200 MHz band. These allocations will be 
co-primary with the existing Mobile Satellite allocation. By adding 
these allocations to the band, we will be in a position to provide 
greater flexibility for use of this spectrum in the future. In 
addition, this change in allocation will bring our allocations for the 
band into harmony with the International Table of Allocations. We take 
no action on the proposal in the MSS NPRM that, in the event that a 2 
GHz MSS license is returned or cancelled, the spectrum covered by the 
license should not be assigned to the remaining MSS licensee or made 
available to a new MSS licensee.
    7. Our proposal to add Fixed and Mobile allocations to the 2 GHz 
MSS band received wide support from both satellite and terrestrial 
wireless licensees. Only Boeing opposed the proposal. Boeing argues 
that adding this allocation will undermine the ability of 2 GHz MSS 
licensees to provide service in rural areas, provide valuable service 
to public safety, and assist in disaster recovery. Boeing also points 
out that keeping MSS primary in the 2 GHz MSS band promotes the goal of 
international

[[Page 31254]]

harmonization with respect to satellite services. Boeing also claims 
that MSS networks provide the only means to create a next generation 
air traffic management (ATM) communication, navigation, and 
surveillance infrastructure. Boeing explains that it obtained a 2 GHz 
MSS license in 2001 with a goal of developing such a system but that 
economic conditions and other factors thwarted the plan. Boeing still 
believes that development of an ATM system is critical to the future of 
aviation.
    8. We agree that MSS networks are a necessary and critical part of 
this nation's communications infrastructure, and serve an important 
role in meeting the needs of rural areas, the public safety community, 
and disaster recovery, but conclude that these needs can continue to be 
satisfied under the rules we adopt. MSS remains co-primary in the 2 GHz 
MSS band, which is consistent with international allocations. As we 
stated in the MSS NPRM, the addition of Fixed and Mobile allocations to 
the 2 GHz MSS band is merely a first step toward providing flexibility 
to allow greater use of the band for mobile broadband. The existing 
service rules that permit MSS and ATC operation in the band will not be 
altered solely by the addition of Fixed and Mobile allocations to the 
band. Both of the MSS licensees in the band will continue to operate 
under the terms of their existing licenses and must comply with all of 
the Commission's satellite and ATC rules. Furthermore, we are not 
altering the allocation for the Big LEO band or the L-band.
    9. As to the development of an ATM system, we express no opinion as 
to the need for such a system, whether it should be satellite-based, or 
whether the 2 GHz band is a suitable location for it. As a practical 
matter, we note that Boeing has returned its 2 GHz MSS license. At the 
same time, there is evidence of exploding demand for spectrum for 
mobile broadband networks. Given all of the foregoing, we believe that 
adding Fixed and Mobile allocations to the 2 GHz MSS band will provide 
additional flexibility to meet this demand in the future and therefore 
is in the public interest.
    10. We also modify three footnotes to the U.S. Table to be 
consistent with this change in allocation. Footnote US380 permits MSS 
operators to operate ATC in conjunction with MSS networks despite the 
fact that these bands have not been allocated for Fixed and Mobile 
uses. Because we have now added Fixed and Mobile allocations to the 
2000-2020 MHz and 2180-2200 MHz band, US380 is no longer needed for 
this band. We amend footnote US380 to remove this band while keeping 
US380 in place for the MSS Big LEO and L-bands. Two footnotes, NG156 
and NG168 permit certain Broadcast Auxiliary Service (BAS) and Fixed 
Service (FS) licensees, respectively, to continue to operate on a 
primary basis until December 9, 2013 (the sunset date for the band). 
Because the relocation of the BAS incumbents out of the 2000-2020 MHz 
band has been completed, footnote NG156 which addresses the status of 
the BAS incumbents is no longer needed. Therefore, we remove footnote 
NG156 from the U.S. Allocation Table. We amend footnote NG168 to 
clarify that existing Fixed and Mobile operations in the 2180-2200 MHz 
band (i.e. the pre-existing FS licensees) shall become secondary after 
the band sunset date while ATC operations by MSS will continue to be 
permitted on a primary basis after the sunset date.
    11. In sum, we find that adding co-primary Fixed and Mobile 
allocations along with the MSS allocation in the 2 GHz band serves the 
public interest. Our actions bring the allocations into harmony with 
the international allocations. We also lay the foundation for more 
flexible use of the band in the future, thereby promoting investment in 
the development of new services and additional innovative technologies. 
In adding these co-primary allocations and in applying certain 
secondary market spectrum leasing rules to ATC leasing arrangements we 
have not altered in any way the existing ATC service rules and policies 
that the Commission previously adopted to guard against harmful 
interference. Furthermore, we conclude that adding co-primary Fixed and 
Mobile allocations in this band will not result in harmful 
interference, and would not inevitably lead to uses that would result 
in harmful interference. Finally, having added co-primary Fixed and 
Mobile allocations to the 2 GHz band, we anticipate issuing a notice of 
proposed rulemaking on subjects raised in the MSS NOI, including 
possible service rule changes that could increase investment and 
utilization of the band in a manner that further serves the public 
interest. We expect the staff will take advantage of industry technical 
expertise as it develops options, which may include potential synergies 
with neighboring bands, to inform our decision making process going 
forward.

B. Applying Terrestrial Secondary Market Spectrum Leasing Policies to 
ATC Spectrum Leasing Arrangements

    12. As proposed in the MSS NPRM, we extend the Commission's general 
secondary market spectrum leasing policies, procedures, and rules to 
ATC spectrum leasing arrangements. As we discussed in the MSS NPRM, 
recent and planned near-term developments in the use of MSS spectrum 
for the provision of terrestrial services are increasing the potential 
that these services will become sufficiently similar to the services 
offered in the overall market of mobile terrestrial wireless services 
to enhance competition in this larger mobile marketplace. Accordingly, 
we find that a common set of policies, procedures, and rules--where 
consistent with ATC policies and rules--will promote greater 
consistency, regulatory parity, predictability, and transparency with 
respect to spectrum leasing arrangements involving terrestrially-based 
mobile service offerings.
    13. The record contains widespread support for this action. Indeed, 
every commenter that addressed the issue supported the extension of the 
general secondary markets spectrum leasing rules and policies to ATC. 
For example, the Telecommunications Industry Association asserts that 
applying the Commission's secondary market rules and policies to ATC 
will encourage innovative arrangements and partnerships that will speed 
the development and deployment of wireless broadband to rural and other 
areas. Additionally, Inmarsat states that spectrum leasing arrangements 
would facilitate the ability of MSS operators to deploy ATC, which 
would increase the availability of terrestrial broadband services and 
advance the public interest. Echostar notes that ``efficient secondary 
markets * * * promote spectrum efficiency and create opportunities to 
maximize use of spectrum for mobile broadband services.'' We agree that 
applying these spectrum leasing policies and rules will help facilitate 
efficient and innovative new arrangements for using spectrum, including 
in both urban and rural areas. Moreover, commenters assert that by 
extending these spectrum leasing policies, the Commission would 
establish regulatory predictability and parity between similarly 
situated services.
    14. Spectrum Manager Leasing Arrangements. Consistent with the 
Commission's ATC policies and rules, and the ancillary nature of ATC, 
we determine that MSS licensees and spectrum lessees may only enter 
into spectrum manager leasing arrangements. As discussed in the MSS 
NPRM, the Commission established several ``gating criteria'' that MSS 
operators must meet in order to be authorized to operate ATC stations. 
At their core, these gating criteria require the MSS licensee to 
provide substantial satellite service, as

[[Page 31255]]

well as an integrated satellite/terrestrial service. We conclude that 
ATC spectrum manager leasing arrangements, which would require the MSS 
licensee to maintain an active role in ensuring compliance with all of 
these requirements, are the best means of ensuring that terrestrial 
leasing arrangements in MSS spectrum remains consistent with the 
underlying ATC policies and rules. We believe that the spectrum manager 
leasing rules will enable significant flexibility for the provision of 
terrestrial mobile broadband as part of an MSS/ATC service offering.
    15. Under a spectrum manager leasing arrangement, the MSS licensee 
retains de facto control of the MSS spectrum at all times, remaining 
primarily responsible for ensuring compliance with the underlying ATC 
requirements (including the underlying authorization) as well as for 
the spectrum lessee's compliance with those requirements. This 
responsibility includes maintaining reasonable operational oversight 
over the leased spectrum so as to ensure that each lessee complies with 
all applicable technical and service rules, including frequency 
coordination requirements and resolution of interference-related 
matters. Permitting only spectrum manager leasing arrangements ensures 
that the MSS licensee retains primary responsibility for MSS, including 
the provision of substantial satellite service (including all gating 
criteria) as well as the coordination of any terrestrial use with 
satellite use so that the terrestrial use is consistent with the MSS 
service and interference rules. Requiring spectrum manager leasing 
arrangements also address the concerns, expressed by Inmarsat, that the 
MSS licensee should retain ultimate control over the use of MSS 
spectrum in order to enhance its ability to coordinate operations and 
avoid harmful interference.
    16. De facto transfer leasing arrangements, in contrast, would 
effectively transfer primary responsibilities for meeting these 
obligations to the spectrum lessee(s), which are not in a position to 
meet many of the underlying obligations of the MSS license, such as 
meeting the gating criteria obligations to provide substantial 
satellite service and to provide integrated mobile satellite/
terrestrial service. Transferring de facto control over the use of the 
spectrum to a spectrum lessee also could sever the relationship between 
the provision of the satellite and the terrestrial service. We are not 
persuaded by the commenters that assert generally that we should permit 
MSS licensees to enter into de facto transfer leasing arrangements, but 
do not address how such arrangements would be fully consistent with the 
ATC gating criteria.
    17. We also will apply the general policies and rules that pertain 
to the spectrum manager leasing arrangements, as set forth in the 
Commission's secondary market policies and rules. Accordingly, we agree 
with TerreStar that an MSS licensee may lease spectrum for ATC use in 
varying amounts and in any geographic area or at any site encompassed 
by the license when entering into a spectrum manager leasing 
arrangement.
    18. Notification procedures. MSS licensees and potential spectrum 
lessees seeking to enter into spectrum manager leasing arrangements 
will be required to file the same information and certifications as 
required under the Commission's rules for Wireless Radio Service. As 
proposed in the MSS NPRM, we will require that leasing parties submit 
specified information and certifications (including information about 
the parties, the amount and geographic location of the spectrum 
involved, and other overlapping terrestrial-use spectrum holdings of 
the parties) to the Commission in advance of any operations that would 
be permitted pursuant to the proposed transaction. As is required with 
respect to a spectrum leasing arrangement involving Wireless Radio 
Services, each party to a proposed ATC spectrum manager leasing 
arrangement must have correct and up-to-date ownership information on 
file with the Commission (using FCC Form 602) as of the date that the 
notification of the spectrum manager leasing arrangement is filed.
    19. As with spectrum manager leasing arrangements involving 
Wireless Radio Services, to the extent a proposed ATC spectrum manager 
leasing arrangement does not raise potential public interest concerns, 
the transaction would be subject to immediate processing, whereas to 
the extent potential public interest concerns were raised (e.g., 
potential competitive harms, as discussed below, or foreign ownership 
concerns) the transaction would be subject to streamlined procedures as 
the Commission evaluated whether the public interest would be served by 
the proposed transaction. We hereby delegate to the Wireless 
Telecommunications Bureau (WTB) and the International Bureau (IB) the 
authority to resolve implementation and administrative issues relating 
to these notification requirements, which will include revisions to FCC 
Form 608 and the Commission's Universal Licensing System (ULS).
    20. Potential competitive concerns. Assessing potential competitive 
effects of proposed secondary market transactions is an important 
element of the Commission's policies to promote competition and guard 
against the harmful effects of anticompetitive behavior. As the 
Commission recognized in the Secondary Markets First Report and Order, 
spectrum leasing arrangements potentially raise competitive concerns, 
and the Commission applied its general competition policies for 
terrestrially-based mobile services to these arrangements. 
Specifically, the Commission observed that it may consider the use of 
leased spectrum as a relevant factor when examining marketplace 
competition. In assessing the potential competitive effects of spectrum 
leasing arrangements, the Commission stated that it would determine, 
based on a case-by-case review of all relevant factors, whether 
services provided over both leased and licensed spectrum in specific 
product and geographic markets should be taken into account.
    21. We conclude that spectrum leasing arrangements involving ATC 
also potentially raise competitive concerns, as several commenters 
assert. As we discussed above, technological advances will enable MSS 
licensees and their spectrum lessees to use ATC authority to provide 
mobile services similar to those provided by terrestrial mobile 
providers. While we recognize that in the past the Commission has not 
viewed MSS as a substitute for terrestrial mobile services, we have 
recently observed that the mobile satellite service industry currently 
is undergoing major technological advances and structural changes. In 
particular, we note that several MSS providers have, at various times, 
articulated their plans to offer high-speed data services, especially 
in connection with terrestrial networks using their ATC authority, and 
that such services in the future could affect, and potentially enhance, 
competition in the provision of terrestrial mobile services. Spectrum 
lessees using ATC therefore appear increasingly likely to provide 
services that could affect competition in the mobile telephony/
broadband services product market. Accordingly, to the extent that we 
determine that particular ATC spectrum leasing arrangements can be used 
to provide such services, the procedures we will adopt allow us to 
assess these arrangements in the context of our existing competitive 
analysis framework

[[Page 31256]]

for mobile telephony/broadband services, consistent with our general 
authority to ensure that the public interest would be served by 
proposed transactions. We note that these procedures also enable us to 
assess each proposed spectrum manager leasing arrangement to determine 
whether any other type of competitive issue might arise in the context 
of the MSS/ATC transaction, such as leasing arrangements between 
different MSS operators.
    22. Existing ATC spectrum leasing arrangements. We conclude that 
MSS licensees and ATC lessees must conform any existing spectrum 
leasing arrangement to the spectrum leasing policies adopted in this 
Report and Order. We note that providing this information and 
submitting the notification is consistent with the Commission's 
approach when it first evaluated an MSS/ATC spectrum leasing 
arrangement, as discussed above. We direct parties to submit 
notification to the Commission of any existing MSS/ATC spectrum leasing 
arrangements no later than thirty (30) days of the effective date of 
this Report and Order. This would include any spectrum leasing 
arrangement that parties may seek to enter prior to the effective date 
of the rules adopted herein.
    23. U.S. GPS Industry Council's Request. In its comments, the U.S. 
GPS Industry Council expresses concern about the need to protect the 
Radionavigation-Satellite Service (RNSS) operating in the 1559-1610 MHz 
band, including the Global Positioning System (GPS), from interference 
from terrestrial operations in the MSS bands. The U.S. GPS Industry 
Council is concerned that applying existing secondary market rules to 
the use of MSS spectrum could lead to denser deployment of terrestrial 
services using MSS spectrum, which in turn would increase the 
probability of harmful interference to GPS. It also requests that the 
Commission codify the technical operating parameters applicable to MSS 
licensees under their respective ATC authorizations to ensure greater 
clarity and certainty about the interference rules applicable to 
secondary market arrangements. The U.S. GPS Industry Council expresses 
particular concern about potential interference to GPS that could 
result from adjacent terrestrial operations by an MSS L-band operator 
(LightSquared Subsidiary LLC). The National Telecommunications and 
Information Administration (NTIA) also has expressed concern about the 
potential for adverse impact of ATC operations in the L-band on GPS and 
other Global Navigation Satellite System (GNSS) receivers.
    24. The addition of co-primary Fixed and Mobile allocations to the 
MSS 2 GHz band and the secondary market policies and rules that we 
adopt herein do not in any way change the obligations that attach to 
each MSS licensee to comply with the applicable technical and 
operational rules for ATC operations pursuant to its license. Under the 
spectrum manager leasing arrangements that we are permitting, the MSS 
licensee continues to have primary responsibility for ensuring 
compliance of any terrestrial operations with the obligations 
associated with its authorization, and each spectrum lessee would be 
obligated to ensure its operations comply with the particular technical 
and operational requirements applicable to the MSS licensee from which 
it is leasing spectrum.
    25. To the extent that potential interference concerns arise with 
respect to MSS/ATC operations in particular MSS bands, concerns will be 
addressed on a licensee and band-specific basis. We note that, as 
regards the interference concerns raised by the U.S. GPS Industry 
Council and NTIA about LightSquared's operations in the MSS L-band, 
LightSquared is working with the GPS community by establishing a 
technical working group to fully study the potential for harmful 
interference from its base station operations in the MSS L-band 
spectrum to GPS receivers in the adjacent 1559-1610 MHz band and to 
identify measures necessary to prevent harmful interference to GPS. 
Pursuant to the January 26, 2011 LightSquared Waiver Order, 
LightSquared cannot commence offering a commercial terrestrial service 
on its MSS L-band frequencies until the Commission, after consultation 
with NTIA, concludes that the harmful interference concerns have been 
resolved.
    26. We emphasize that responsibility for protecting services rests 
not only on new entrants but also on incumbent users themselves, who 
must use receivers that reasonably discriminate against reception of 
signals outside their allocated spectrum. In the case of GPS, we note 
that extensive terrestrial operations have been anticipated in the L-
band for at least 8 years. We are, of course, committed to preventing 
harmful interference to GPS and we will look closely at additional 
measures that may be required to achieve efficient use of the spectrum, 
including the possibility of establishing receiver standards relative 
to the ability to reject interference from signals outside their 
allocated spectrum.
    27. Foreign Ownership. T-Mobile requests that, in applying the 
Commission's secondary markets spectrum leasing rules and policies to 
ATC, we extend the availability of the immediate processing/approval 
procedures to prospective lessees with indirect foreign ownership 
exceeding 25 percent, if that ownership has previously been approved by 
the Commission. We decline to revisit this issue here. T-Mobile's 
request is a reiteration of similar previous requests, including 
requests made in the Commission's earlier wireless secondary markets 
proceeding, which the Commission has denied. This Report and Order 
neither re-examines the wireless secondary market rules and policies 
generally nor establishes independent ATC secondary market rules and 
policies.

III. Procedural Matters

    28. Paperwork Reduction Analysis: This document does not contain 
proposed information collection requirements subject to the Paperwork 
Reduction Act of 1995, Public Law 104-13. In addition, therefore, it 
does not contain any proposed information collection burden ``for small 
business concerns with fewer than 25 employees,'' pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4).

IV. Final Regulatory Flexibility Analysis

    29. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Fixed and Mobile Services in the Mobile Satellite 
Service Bands at 1525-1559 MHz and 1626.5-1660.5 MHz, 1610-1626.5 MHz 
and 2483.5-2500 MHz, and 2000-2020 MHz and 2180 MHz Notice of Proposed 
Rulemaking and Notice of Inquiry (Notice). 75 FR 49871 (August 16, 
2010). The Commission sought written public comment on the proposals in 
the Notice, including comment on the IRFA. This present Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

A. Need for, and Objectives of, the Report and Order

    30. This Report and Order continues the Commission's efforts to 
enhance competition and speed the deployment of terrestrial mobile 
broadband. While ensuring the United States maintains robust mobile 
satellite service capabilities, in the Report and Order the Commission 
takes steps to make additional spectrum available for new

[[Page 31257]]

investment in terrestrial mobile broadband networks.
    31. The Report and Order takes two actions. First, we add co-
primary Fixed and Mobile allocations to the Table of Frequency 
Allocations for the 2 GHz band, consistent with the International Table 
of Allocations. Under this allocation, Fixed and Mobile services will 
have equal status to MSS. This allocation modification is a 
precondition for more flexible licensing of terrestrial services within 
the band and lays the groundwork for providing additional flexibility 
in use of the 2 GHz spectrum in the future. The Report and Order does 
not change the status of the existing MSS licensees nor grant authority 
for terrestrial operations in the band beyond what is currently 
permitted under the ATC rules.
    32. Second, the Report and Order applies the Commission's secondary 
markets policies and rules applicable to terrestrial wireless radio 
services to spectrum leasing arrangements involving the use of MSS 
bands for terrestrial services. Specifically, the Report and Order 
specifies requirements for licensees entering into spectrum manager 
leasing arrangements involving ATC, which will increase competition, 
improve spectrum efficiency, and allow small entities greater access to 
spectrum.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    33. There were no comments filed that specifically addressed the 
rules and policies presented in the IRFA.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    34. The RFA directs agencies to provide a description of, and, 
where feasible, an estimate of the number of small entities that may be 
affected by the rules and policies adopted herein. The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small business concern'' under the 
Small Business Act. A ``small business concern'' is one which: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
SBA.
    35. Satellite Telecommunications and All Other Telecommunications. 
Two economic census categories address the satellite industry. The 
first category has a small business size standard of $15 million or 
less in average annual receipts, under SBA rules. The second has a size 
standard of $25 million or less in annual receipts.
    36. The category of Satellite Telecommunications ``comprises 
establishments primarily engaged in providing telecommunications 
services to other establishments in the telecommunications and 
broadcasting industries by forwarding and receiving communications 
signals via a system of satellites or reselling satellite 
telecommunications.'' Census Bureau data for 2007 show that 512 
Satellite Telecommunications firms operated for that entire year. Of 
this total, 464 firms had annual receipts of under $10 million, and 18 
firms had receipts of $10 million to $24,999,999. Consequently, the 
Commission estimates that the majority of Satellite Telecommunications 
firms are small entities that might be affected by our action.
    37. The second category, i.e. ``All Other Telecommunications'' 
comprises ``establishments primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. 
Establishments providing Internet services or voice over Internet 
protocol (VoIP) services via client-supplied telecommunications 
connections are also included in this industry.'' For this category, 
Census Bureau data for 2007 show that there were a total of 2,383 firms 
that operated for the entire year. Of this total, 2,347 firms had 
annual receipts of under $25 million and 12 firms had annual receipts 
of $25 million to $49,999,999. Consequently, the Commission estimates 
that the majority of All Other Telecommunications firms are small 
entities that might be affected by our action.
    38. Mobile Satellite Service Carriers. Neither the Commission nor 
the U.S. Small Business Administration has developed a small business 
size standard specifically for mobile satellite service licensees. The 
appropriate size standard is therefore the SBA standard for Satellite 
Telecommunications, which provides that such entities are small if they 
have $15 million or less in annual revenues. Currently, the 
Commission's records show that there are 31 entities authorized to 
provide voice and data MSS in the United States. The Commission does 
not have sufficient information to determine which, if any, of these 
parties are small entities. The Commission notes that small businesses 
are not likely to have the financial ability to become MSS system 
operators because of high implementation costs, including construction 
of satellite space stations and rocket launch, associated with 
satellite systems and services. Nonetheless, it might be possible that 
some are small entities affected by this Report and Order and therefore 
we include them in this section of the FRFA.
    39. Wireless Telecommunications Carriers (except satellite). The 
Report and Order applies the Commission's secondary market policies and 
rules to terrestrial service in the MSS bands. We cannot predict who 
may in the future lease spectrum for terrestrial use in these bands. In 
general, any wireless telecommunications provider would be eligible to 
lease spectrum from the MSS licensees. Since 2007, the SBA has 
recognized wireless firms within this new, broad, economic census 
category. Prior to that time, such firms were within the now-superseded 
categories of Paging and Cellular and Other Wireless 
Telecommunications. Under the present and prior categories, the SBA has 
deemed a wireless business to be small if it has 1,500 or fewer 
employees. For this category, census data for 2007 show that there were 
1,383 firms that operated for the entire year. Of this total, 1,368 
firms had employment of 999 or fewer employees and 15 had employment of 
1000 employees or more. Similarly, according to Commission data, 413 
carriers reported that they were engaged in the provision of wireless 
telephony, including cellular service, Personal Communications Service 
(PCS), and Specialized Mobile Radio (SMR) Telephony services. Of these, 
an estimated 261 have 1,500 or fewer employees and 152 have more than 
1,500 employees. Consequently, the Commission estimates that 
approximately half or more of these firms can be considered small. 
Thus, using available data, we estimate that the majority of wireless 
firms can be considered small.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    40. This Report and Order applies the Commission's secondary 
markets policies and rules applicable to terrestrial wireless services 
to spectrum management leasing transactions

[[Page 31258]]

involving the use of MSS bands for terrestrial wireless services. 
Leasing parties will be required to submit specified information and 
certifications (including information about the parties, the amount and 
geographic location of the spectrum involved, and other overlapping 
terrestrial-use spectrum holdings of the parties) to the Commission in 
advance of any operations that would be permitted pursuant to the 
proposed transaction. These changes affect small and large companies 
equally. To give these rules any meaning, this information must be 
generated by small and large entities alike. Otherwise, wireless 
service providers seeking to lease MSS/ATC spectrum would not have all 
of the information available to make educated leasing agreements.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    41. The RFA requires an agency to describe any significant 
alternatives that it has considered in developing its approach, which 
may include the following four alternatives (among others): ``(1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance and reporting requirements under the rule for such small 
entities; (3) the use of performance rather than design standards; and 
(4) an exemption from coverage of the rule, or any part thereof, for 
such small entities.'' 5 U.S.C. 603(c)(1)-(c)(4).
    42. In the Report and Order, we add Fixed and Mobile allocations to 
the 2000-2020 MHz and 2180-2200 MHz bands. By adding these allocations 
to the band, we will be in a position to provide greater flexibility 
for use of this spectrum in the future, which may provide small 
entities with greater opportunity to lease spectrum. Only one party, 
Boeing, opposed the proposal, arguing the allocation will undermine the 
ability of 2 GHz MSS to provide service in rural areas, provide 
valuable service to public safety, and assist in disaster recovery. 
Boeing also suggested that keeping MSS primary in the 2 GHz MSS band 
promotes the goal of international harmonization with respect to 
satellite services. Boeing also claimed that MSS networks provide the 
only means to create a next generation air traffic management (ATM) 
communication, navigation, and surveillance infrastructure. We agree 
with Boeing that MSS has an important role in meeting the needs or 
rural areas, the public safety community, and disaster recovery, but 
conclude that these needs can continue to be satisfied under the rules 
we adopt. Furthermore, we do not think it prudent to limit future 
flexible use of the 2 GHz band based on speculation that an ATM 
communication system may be developed in the band at some unspecified 
date, particularly in light of evidence of exploding demand for 
spectrum for mobile broadband networks. We believe that adding Fixed 
and Mobile allocations to the 2 GHz MSS band will provide additional 
flexibility to meet this demand in the future and therefore is in the 
public interest.
    43. In the Report and Order, we take steps that may affect small 
entities that provide specific information pursuant to the Commission's 
secondary market leasing rules and policies. The requirements we adopt 
will require parties to an MSS/ATC spectrum leasing arrangement to file 
the same type of notification information that other parties to current 
spectrum leases must file. MSS licensees that propose to enter into 
MSS/ATC spectrum manager leasing arrangements must file the FCC Form 
608. Additionally, all parties to such a proposed spectrum manager 
leasing arrangement must submit an FCC Form 602, which details 
ownership information, to the extent that a current version of this 
form is not already on file with the Commission. The extension of 
secondary markets rules and policies to MSS/ATC spectrum will promote 
competition in wireless terrestrial broadband and will benefit small 
entities in their efforts to compete against other wireless service 
providers, both large and small, in the provision of wireless broadband 
services. We believe that, on balance, the benefits to small entities 
of our actions in the Report and Order far outweigh any burdens this 
order places on small entities.
    44. The record makes clear that broad support exists for extending 
the Commission's secondary markets rules and policies to MSS/ATC 
spectrum. Our actions in the Report and Order should benefit wireless 
broadband service providers seeking additional terrestrial spectrum, 
many of which may be small entities, by providing access to an 
increased amount of spectrum. Our actions benefit the public interest 
by promoting competition, innovation, and investment.
    45. In extending the Commission's secondary markets rules and 
policies to MSS/ATC spectrum, we limit that extension to spectrum 
manager spectrum leasing arrangements. While several parties recommend 
we allow both spectrum manager and de facto transfer spectrum leasing 
arrangements, we reject those arguments. De facto transfer leasing 
arrangements would effectively transfer primary responsibilities for 
meeting the obligations of the MSS licensee to the spectrum lessee(s), 
which are not in a position to meet many of the underlying obligations 
of the MSS license authorization, such as meeting the gating criteria 
obligations to provide substantial satellite service and to provide 
integrated mobile satellite/terrestrial service. Transferring de facto 
control over the use of the spectrum to a spectrum lessee also could 
sever the relationship between the provision of the satellite and 
terrestrial service. Thus, we do not extend de facto transfer spectrum 
leasing arrangements to the MSS/ATC spectrum.

V. Report to Congress

    46. The Commission will send a copy of the Report and Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of the Report and Order, including this FRFA, to the Chief Counsel for 
Advocacy of the SBA. A copy of the Report and Order and the FRFA (or 
summaries thereof) will also be published in the Federal Register.

VI. Ordering Clauses

    47. Accordingly, it is ordered, that pursuant to sections 1, 4(i) 
and (j), 301, 303, and 310 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 154(j), 301, 303, and 310, this Report 
and Order is adopted.
    48. It is further ordered, that pursuant to the authority contained 
in sections 1, 4(i) and (j), 301, 303, and 310 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 301, 303, and 
310, the Commission's rules are amended.
    49. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    50. It is further ordered that the Commission shall send a copy of 
this Report and Order in a report to be sent to Congress and the 
General Accounting Office pursuant to the Congressional Review Act, see 
5 U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Parts 1 and 25

    Administrative practice and procedure, Communications common

[[Page 31259]]

carriers, Radio, Reporting and recordkeeping requirements, Satellites, 
Telecommunications.

47 CFR Part 2

    Communications equipment, Disaster assistance, Radio, Reporting and 
recordkeeping requirements, Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1, 2, and 25 as follows:

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, 225, 303(r), and 309.

0
2. Section 1.9001 is amended by revising paragraph (a) to read as 
follows:


Sec.  1.9001  Purpose and scope.

    (a) The purpose of part 1, subpart X 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. 
These policies and rules also implicate other Commission rule parts, 
including parts 1, 2, 20, 22, 24, 25, 26, 27, 80, 90, 95, and 101 of 
title 47, chapter I of the Code of Federal Regulations.
* * * * *
0
3. Section 1.9005 is amended by revising the introductory text and by 
adding paragraph (jj) to read as follows:


Sec.  1.9005  Included services.

    The spectrum leasing policies and rules of this subpart apply to 
the following services, which include Wireless Radio Services in which 
commercial or private licensees hold exclusive use rights and the 
Ancillary Terrestrial Component (ATC) of a Mobile Satellite Service:
* * * * *
    (jj) The ATC of a Mobile Satellite Service (part 25 of this 
chapter).

0
4. Section 1.9020 is amended by revising paragraphs (d)(2)(i) and 
(e)(2)(i)(A) to read as follows:


Sec.  1.9020  Spectrum manager leasing arrangements.

* * * * *
    (d) * * *
    (2) * * *
    (i) The spectrum lessee must meet the same eligibility and 
qualification requirements that are applicable to the licensee under 
its license authorization, with the following exceptions. A spectrum 
lessee entering into a spectrum leasing arrangement involving a 
licensee in the Educational Broadband Service (see Sec.  27.1201 of 
this chapter) is not required to comply with the eligibility 
requirements pertaining to such a licensee so long as the spectrum 
lessee meets the other eligibility and qualification requirements 
applicable to 47 CFR part 27 services (see Sec.  27.12 of this 
chapter). A spectrum lessee entering into a spectrum leasing 
arrangement involving a licensee in the Public Safety Radio Services 
(see part 90, subpart B and Sec.  90.311(a)(1)(i) of this chapter) is 
not required to comply with the eligibility requirements pertaining to 
such a licensee so long as the spectrum lessee is an entity providing 
communications in support of public safety operations (see Sec.  
90.523(b) of this chapter). A spectrum lessee entering into a spectrum 
leasing arrangement involving a licensee in the Mobile Satellite 
Service with ATC authority (see part 25) is not required to comply with 
the eligibility requirements pertaining to such a licensee so long as 
the spectrum lessee meets the other eligibility and qualification 
requirements of paragraphs (d)(2)(ii) and (d)(2)(iv) of this section.
* * * * *
    (e) * * *
    (2) * * *
    (i) * * *
    (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;
* * * * *

0
5. Add Sec.  1.9049 to read as follows:


Sec.  1.9049  Special Provisions relating to spectrum leasing 
arrangements involving the Ancillary Terrestrial Component of Mobile 
Satellite Services.

    (a) A license issued under part 25 of the Commission's rules that 
provides authority for an ATC will be considered to provide ``exclusive 
use rights'' for purpose of this subpart of the rules.
    (b) For the purpose of this subpart, a Mobile Satellite Service 
licensee with an ATC authorization may enter into a spectrum manager 
leasing arrangement with a spectrum lessee (see Sec.  1.9020). 
Notwithstanding the provisions of Sec. Sec.  1.9030 and 1.9035, a MSS 
licensee is not permitted to enter into a de facto transfer leasing 
arrangement with a spectrum lessee.
    (c) For purposes of Sec.  1.9020(d)(8), the Mobile Satellite 
Service licensee's obligation, if any, concerning the E911 requirements 
in Sec.  20.18 of this chapter, will, with respect to an ATC, be 
specified in the licensing document for the ATC.
    (d) The following provision shall apply, in lieu of Sec.  
1.9020(m), with respect to spectrum leasing of an ATC:
    (1) Although the term of a spectrum manager leasing arrangement may 
not be longer than the term of the ATC license, a licensee and spectrum 
lessee that have entered into an arrangement, the term of which 
continues to the end of the current term of the license may, contingent 
on the Commission's grant of a modification or renewal of the license 
to extend the license term, extend the spectrum leasing arrangement 
into the new license term. The Commission must be notified of the 
extension of the spectrum leasing arrangement at the same time that the 
licensee submits the application seeking an extended license term. In 
the event the parties to the arrangement agree to extend it into the 
new license term, the spectrum lessee may continue to operate 
consistent with the terms and conditions of the expired license, 
without further action by the Commission, until such time as the 
Commission makes a final determination with respect to the extension or 
renewal of the license.
    (2) Reserved.

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
6. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
7. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
0
a. Page 36 is revised.
0
b. In the list of United States (US) Footnotes, footnote US380 is 
revised.
0
c. In the list of non-Federal Government (NG) Footnotes, footnote NG156 
is removed and footnote NG168 is revised.

[[Page 31260]]

    The revisions read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
[GRAPHIC] [TIFF OMITTED] TR31MY11.006

* * * * *

United States (US) Footnotes

* * * * *
    US380 In the bands 1525-1544 MHz, 1545-1559 MHz, 1610-1645.5 MHz, 
1646.5-1660.5 MHz, and 2483.5-2500 MHz, a non-Federal licensee in the 
mobile-satellite service (MSS) may also operate an ancillary 
terrestrial component in conjunction with its MSS network, subject to 
the Commission's rules for ancillary terrestrial component and subject 
to all applicable conditions and provisions of its MSS authorization.
* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG168 Except as permitted below, the use of the 2180-2200 MHz band 
is limited to the MSS and ancillary terrestrial component offered in 
conjunction with an MSS network, subject to the Commission's rules for 
ancillary terrestrial components and subject to all applicable 
conditions and provisions of an MSS authorization. In the 2180-2200 MHz 
band, where the receipt date of the initial application for facilities 
in the fixed and mobile services was prior to January 16, 1992, said 
facilities shall operate on a primary basis and all later-applied-for 
facilities shall operate on a secondary basis to the mobile-satellite 
service (MSS); and not later than December 9, 2013, all such facilities 
shall operate on a secondary basis.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
8. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 701-744. Interprets or applies sections 4, 
301, 302, 303, 307, 309 and 332 of the Communications Act, as 
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309 and 332, 
unless otherwise noted.


0
9. Section 25.149 is amended by adding paragraph (g) to read as 
follows:


Sec.  25.149  Application requirements for ancillary terrestrial 
components in the mobile-satellite service networks operating in the 
1.5./1.6 GHz, 1.6/2.4 GHz and 2 GHz mobile-satellite service.

* * * * *
    (g) Spectrum leasing. Leasing of spectrum rights by MSS licensees 
or system operators to spectrum lessees for ATC use is subject to the 
rules for spectrum manager leasing arrangements (see Sec.  1.9020) as 
set forth in part 1, subpart X of the rules (see Sec.  1.9001 et seq.). 
In addition, at the time of the filing of the requisite notification of 
a spectrum manager leasing arrangement using Form 608 (see Sec. Sec.  
1.9020(e) and 1.913(a)(5)), both parties to the proposed arrangement 
must have a complete and accurate Form 602 (see Sec.  1.913(a)(2)) on 
file with the Commission.

[FR Doc. 2011-13379 Filed 5-27-11; 8:45 am]
BILLING CODE 6712-01-P