---
kind: "section"
citation: "47 C.F.R. § 1.9047"
title: "47"
number: "1.9047"
heading: "Special provisions relating to spectrum leasing arrangements involving terrestrial spectrum rights for supplemental coverage from space."
url: "https://uscodex.org/cfr/47/1.9047"
---

# §1.9047. 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](/cfr/47/25.103.md) 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](/cfr/47/25.103.md) of this chapter.
- (c) **Part 25 SCS Entry Criteria.** For purposes of this section, [part 25](/cfr/47/part25.md) SCS Entry Criteria refers to the requirements outlined in § [25.125(a)](/cfr/47/25.125.md?p=a) and [(b)](/cfr/47/25.125.md?p=b) of this chapter.
- (d) **Scope.** Under this section, a licensee may enter into a spectrum manager (see [§ 1.9020](/cfr/47/1.9020.md)) or de facto transfer (see §§ [1.9030](/cfr/47/1.9030.md) and [1.9035](/cfr/47/1.9035.md)) leasing or subleasing arrangement with a spectrum lessee in only the bands identified in [§ 2.106(d)(33)(i)](/cfr/47/2.106.md?p=d-33-i) of this chapter for the purpose of meeting the [part 25](/cfr/47/part25.md) 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](/cfr/47/part25.md) Entry Criteria;
    - (ii) A description of which method, single or multiple terrestrial licensee, the parties are utilizing to meet the [part 25](/cfr/47/part25.md) Entry Criteria; and
    - (iii) If the parties are utilizing the spectrum leasing arrangement outlined in [paragraph (d)(1)(ii)](#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](/usc/47/1424.md), to fulfill the [part 25](/cfr/47/part25.md) 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)](/cfr/47/1.9020.md?p=l) and [1.9030(k)](/cfr/47/1.9030.md?p=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)](#d-1-ii) of this section.
  - (2) [Reserved]
- (g) **Construction/performance requirements.** Notwithstanding the provisions of §§ [1.9020(d)(5)(i)](/cfr/47/1.9020.md?p=d-5-i) and [1.9030(d)(5)(i)](/cfr/47/1.9030.md?p=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.

## Notes

### Amendments

[89 FR 34159, Apr. 30, 2024, as amended at 89 FR 34159, Apr. 30, 2024; 89 FR 95137, Dec. 2, 2024]

### Source

Source: 68 FR 66277, Nov. 25, 2003, unless otherwise noted.

### Authority

Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47 U.S.C. 1754, unless otherwise noted.

### Amendments

[89 FR 34159, Apr. 30, 2024, as amended at 89 FR 34159, Apr. 30, 2024; 89 FR 95137, Dec. 2, 2024]