FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,736
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16. The record makes clear that broad support exists for extending the Commission's
secondary markets rules and policies to MSS/ATC spectrum.2s 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.
17. 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,-9 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
18. Report to Congress: 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.30 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."
28 See, e.g., MSS ATC Coalition Comments at 1-2. 13-14; Echostar Comments at 2, 5; AT&T Comments; CTIA
Comments at ii-iii, 7-11; T-Mobile Comments at 2, 4-7; U.S. Cellular Comments at 1-2, 4-5; Verizon Wireless
Comments at 4-7; CDMA Development Group Comments at 5-6; Mobile Satellite Users Association Comments at
4; Telecommunications Industry Association Comments at 6-7; LightSquared Comments at 8; DBSD Comments at
8; Globalstar Comments at 19-20; TerreStar Comments at 5; Cricket Comments at 2; and James Whedbee
Comments at 1-2.
29 See, e.g., LightSquared Comments at 8-9; DBSD Comments at 9-10; Cricket Comments at 7 (limiting spectrum
leasing arrangements to spectrum manager leasing arrangements would impose artificial limits and deter innovative
arrangements); T-Mobile Reply Comments at 9-10 (asserting generally that allowing both spectrum manager and de
facto transfer leasing arrangements would promote efficient use of spectrum); TerreStar Reply Comments at 3.
30 See 5 U.S.C. 801(a)(IXA).
' See 5 U.S.C. 604(b).
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/908/: accessed June 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.