Spectrum Leasing Releases

This NPRM explores how potential changes to the FCC's partitioning, disaggregation, and leasing rules could aid its effort to promote wireless service in rural areas and by small carriers and satisfies a requirement under the MOBILE NOW Act.

Statement of Chairman Pai: pdf - Word
Statement of Commissioner O'Rielly: pdf - Word
Statement of Commissioner Carr: pdf - Word
Statement of Commissioner Rosenworcel: pdf - Word
Statement of Commissioner Starks: pdf - Word

The FCC issued its Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, in which the Commission expanded the availability of spectrum leasing to more wireless services and devices, further streamlined the processing of certain spectrum lease and license assignment and transfer of control transactions, established the "private commons" option to provide for additional types of spectrum access, and sought comment on additional policies that could facilitate the deployment of advanced technologies through secondary market arrangements.

The WTB announced the development of FCC Form 603-T, to be used on an interim basis for the filing of the required spectrum leasing notifications and applications. In addition, Bureau announced a process to facilitate electronic filing of the notifications and applications through the Universal Licensing System (ULS) until the necessary software changes can be implemented in ULS. A public notice will be released providing guidance to the public with regard to the steps necessary to file spectrum leasing notifications and applications during this interim processing period.

In this Report and Order and Further Notice of Proposed Rulemaking, the FCC (1) establishes policies and rules authorizing and facilitating the use of spectrum leasing arrangements in many of our Wireless Radio Services, (2) sets forth streamlined procedures for processing applications for certain license assignments and transfers of control, and (3) seeks comment on several steps that could further facilitate the development of secondary markets in spectrum usage rights.

In this Notice of Proposed Rulemaking, the FCC tentatively concludes that the wider use of spectrum rights leasing by existing Commission licensees of wireless radio spectrum would promote the public interest, and seeks comment on policies and rules that would best promote the development of secondary markets in spectrum usage rights.

In this Policy Statement, the FCC sets forth principles for promoting the efficient use of radio spectrum by encouraging the development of secondary markets, with the goal of promoting the operation of competitive secondary markets for the sale and lease of the right to use spectrum by licensees so that spectrum usage rights could be more easily transferred to new, higher valued uses and more entities could gain access to unused and underutilized spectrum.