Secondary Markets Initiative and Spectrum Leasing

The FCC has taken significant steps to remove regulatory barriers and facilitate the development of secondary markets in spectrum usage rights among the Wireless Radio Services. In 2003, the FCC adopted the its first Report and Order and Further Notice of Proposed Rulemaking (FCC 03-113), in which it established new policies and procedures to facilitate broader access to valuable spectrum resources through the use of spectrum leasing arrangements. It also streamlined procedures for approving license assignments and transfers of control. In 2004, the FCC adopted the Second Report and Order, Order on Reconsideration, and Second Further Notice (FCC 04-167), in which it provided for immediate processing of certain qualifying spectrum leasing and license assignment and transfer transactions. It also established the new regulatory concept, termed the "private commons," to provide additional access to spectrum in licensed bands.

Releases

8/28/2006
PUBLIC NOTICE (DA 06-1723)
WTB Announces FCC Form 608 is Available for Filing Spectrum Leasing Notifications and Applications and Private Commons Arrangements
 
7/29/2005
PUBLIC NOTICE (DA 05-2226)
WTB Announces Changes to the Universal Licensing System To Implement the Commission's Immediate Approval Procedures for Wireless License Assignments and Transfers
 
2/28/2005
PUBLIC NOTICE (DA 05-493)
Certain Changes Announced to the Universal Licensing System to Implement the Commission's Secondary Markets Rules and Procedures
 
9/2/2004
SECOND REPORT AND ORDER, ORDER ON RECONSIDERATION, AND SECOND FURTHER NOTICE OF PROPOSED RULEMAKING (FCC 04-167)
Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets
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
 
7/8/2004
NEWS RELEASE
FCC Expands Spectrum Leasing Rules and Speeds Processing To Create Additional Opportunities for Access to Spectrum Through Secondary Markets
The FCC announced its adoption of the Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking.
Statement of Chairman Powell: pdf - Word
Statement of Commissioner Abernathy: pdf - Word
Statement of Commissioner Copps: pdf - Word
Statement of Commissioner Martin: pdf - Word
Statement of Commissioner Adelstein: pdf - Word
 
1/30/2004
MEMORANDUM OPINION AND ORDER (DA 04-239)
Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets
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, the 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.
 
10/6/2003
REPORT AND ORDER AND FURTHER NOTICE OF PROPOSED RULEMAKING (FCC 03-113)
Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets
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.
Joint Statement of Chairman Powell and Commissioner Martin: pdf - Word
Statement of Commissioner Abernathy: pdf - Word
Statement of Commissioner Copps: pdf - Word
Statement of Commissioner Adelstein: pdf - Word
 
5/15/2003
NEWS RELEASE
FCC Adopts Spectrum Leasing Rules and Streamlined Processing for License Transfer and Assignment Applications, and Proposes Further Steps To Increase Access to Spectrum Through Secondary Markets
The FCC announced its adoption of a Report and Order and Further Notice of Proposed Rulemaking that authorizes spectrum leasing in a broad array of Wireless Radio Services, adopts streamlined processing for certain categories of license transfer and assignment applications, and seeks comment on additional steps to improve the functioning of secondary markets in spectrum usage rights.
Joint Statement of Chairman Powell and Commissioner Martin: pdf - Word
Statement of Commissioner Abernathy: pdf - Word
Statement of Commissioner Copps: pdf - Word
Statement of Commissioner Adelstein: pdf - Word
 
12/1/2000
POLICY STATEMENT (FCC 00-401)
Principles for Promoting the Efficient Use of Spectrum by Encouraging the Development of Secondary Markets
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.
 
11/27/2000
NOTICE OF PROPOSED RULEMAKING (FCC 00-402)
Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets
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.
 
5/23/2000
NEWS RELEASE (DA 00-1139)
FCC Announces Agenda for Public Forum on Secondary Markets in Radio Spectrum
The FCC announced a Public Forum to address issues related to the development of secondary markets for radio spectrum. The Public Forum was held at the Commission on May 31, 2000. Attached to this announcement is the transcript of that Public Forum.
Transcript: pdf - Word
Updated:
Friday, May 3, 2019