Fish News

FCC Permits Leasing of MSS/ATC Spectrum

April 8, 2011

The FCC has extended portions of its secondary markets regime, which permits private leasing of radio spectrum, to Mobile Satellite Spectrum (MSS) used for terrestrial services pursuant to the FCC’s Ancillary Terrestrial Component (ATC) rules. In addition, the FCC added co-primary fixed and mobile allocations to the MSS band at 2 GHz. The FCC’s order can be found here. These actions are designed to implement the National Broadband Plan’s goal of allocating more spectrum for terrestrial mobile broadband services.

The FCC began extending the use of MSS in 2003, when it authorized MSS operators to license and operate ATC facilities, which are terrestrial base stations and mobile terminals that re-use frequencies assigned for MSS operations. The FCC expects that MSS/ATC spectrum operators will begin deploying terrestrial services and become increasingly like other mobile terrestrial wireless services in the market. In order to provide consistency with other services where leasing is permitted, the FCC extended its secondary markets rules to MSS/ATC spectrum. Given the nature of MSS/ATC rules, the FCC authorized only “spectrum manager” type of leases, where the licensee retains de facto control of the spectrum and primary responsibility for compliance with the license. The licensee has flexibility to lease only specific portions or geographic areas of its spectrum.

Attorneys at Fish & Richardson have unique expertise in spectrum leasing with over 30 years of experience in the area. They have negotiated spectrum lease transactions worth nearly $2 billion and take a proactive approach to valuation and negotiation strategy.

For more information please contact:

Ed Lavergne Principal Washington, DC 202-626-6359

Donna Balaguer Principal Washington, DC 202-626-7719

© Copyright 2011 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this newsletter has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.