DA 04-252

February 2, 2004

THE WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCES FCC FORM 603-T IS
AVAILABLE AND PROVIDES GUIDANCE REGARDING THE INTERIM PROCESS FOR FILING
SPECTRUM LEASING NOTIFICATIONS AND APPLICATIONS

The Wireless Telecommunications Bureau (Bureau) announces that FCC Form
603-T, FCC Wireless Telecommunications Bureau Application or
Notification for Spectrum Leasing Agreement (Form 603-T), is now
available for use to file spectrum leasing notifications and
applications.

In order to submit Form 603-T, the Bureau provides guidance below to
interested parties with regard to the interim process for filing
spectrum leasing notifications and applications. The following issues
are discussed below:

-   Why there is an interim process

-   Contents of Form 603-T

-   How to obtain Form 603-T

-   How to submit Form 603-T

-   How to submit other types of filings related to spectrum leasing

-   How to search for notifications and applications submitted on Form
    603-T

-   Other issues

**Why there is an interim process**

On October 6, 2003, the Commission released a Report and Order and
Further Notice of Proposed Rulemaking that, among other things, adopted
rules and policies to allow wireless licensees and other parties to
enter into spectrum leasing arrangements.[^1] In order to fully
implement all aspects of the *Secondary Markets Report and Order*, the
Commission must receive approval from the Office of Management and
Budget (OMB) for the revised FCC Form 603 (Form 603) required under the
newly adopted rules and must implement extensive changes to its
Universal Licensing System (ULS). To permit parties to submit the
necessary notifications (for spectrum manager leasing) and applications
(for long-term and short-term *de facto* transfer leasing) under the
rules effective on February 2, 2004, Bureau staff have developed Form
603-T to be used on an interim basis for the filing of the required
spectrum leasing notifications and applications.

**Contents of Form 603-T**

Form 603-T consists of a Main Form and seven Schedules. Each filing must
be either a spectrum manager lease notification or a *de facto* transfer
lease application, but not both. This information is provided on the
Main Form. For example, if a licensee proposes to enter into a spectrum
manager lease with lessee A and also enter into a *de facto* transfer
lease with lessee A, two separate filings must be submitted, one for the
spectrum manager lease and one for the *de facto* transfer lease.

Once the type of filing is indicated, one of the following five filing
purposes can be selected: 1) New Lease; 2) New Sublease; 3) Revision of
an Existing Lease/Sublease; 4) Assignment of a Lease/Sublease; and 5)
Transfer of Control of the Lessee/Sublessee. In addition to the Main
Form, each submission needs to include at least one Schedule and in some
instances more than one Schedule. This information is provided in the
chart below.

  ----------------------------- ---------------------- -------------------
  **Purpose of Filing**         **Always Required**    **Sometimes
                                                       Required**[^2]

  New Lease                     Main Form and Schedule Schedule A, F, G
                                B                      

  New Sublease                  Main Form and Schedule Schedule A, F, G
                                D                      

  Revision of Existing          Main Form and Schedule 
  Lease/Sublease                C                      

  Assignment of a               Main Form and Schedule Schedule A
  Lease/Sublease                E                      

  Transfer of Control of the    Main Form and Schedule Schedule A
  Lessee/Sublessee              E                      
  ----------------------------- ---------------------- -------------------

**How to obtain Form 603-T**

Form 603-T is available at
[http://www.fcc.gov/formpage.html](http://www.fcc.gov/formspage.html)
and is formatted as an Adobe Portable Document Format (PDF). The Main
Form and each Schedule are separate files. Once the form is downloaded,
you may type responses directly into the form and upload the form as one
or more attachments to ULS (more about this process below). The form is
also available through the FCC\'s Fax Information System by dialing
202-418-0177.

**How to submit Form 603-T**

In order to allow parties to submit spectrum leasing notifications and
applications, Bureau staff have revised ULS to accommodate a scaled-down
version of electronic filing for Form 603-T.[^3] As discussed below, a
limited amount of information will be provided electronically and Form
603-T will be uploaded as one or more attachments. During the interim
process, all electronic filings must be submitted by the licensee.[^4]

The following are the steps needed to submit Form 603-T electronically
via ULS.

1)  Access the ULS homepage at <http://wireless.fcc.gov/uls> and click
    on **Online Filing**.

2)  Enter the FRN and Password of the licensee and click **Submit**.

3)  Click on **My Applications**.

4)  Click on **Spectrum Leasing**.

5)  Indicate the type of filing.

6)  Indicate the purpose of the filing.

7)  Complete the licensee administrative information and click
    **Continue**. \[This information must also be provided on the Main
    Form of Form 603-T that is uploaded to the filing\].

8)  Select one or more call signs to be added to the filing and click on
    the **Attachments** link. **Note:** At least one call sign must be
    selected for each filing. \[This information must also be provided
    on the Main Form of Form 603-T that is uploaded to the filing\].

9)  Upload one or more attachments, as necessary. **Note:** Each portion
    of Form 603-T should be uploaded as a separate attachment. For
    example, if the filing includes the Main Form, Schedule A, and
    Schedule B, three separate attachments should be submitted, one for
    each section of the form.

10) Once all attachments are uploaded, click **Return to Application**.

11) Click **Submit Application**.

Once the filing has been submitted, a confirmation page will be
displayed with the ULS file number that is associated with the filing.
In addition, if application fees are required, the amount due will be
listed on the confirmation page along with a link to the FCC Form 159,
Remittance Advice.

**Note:** An electronic signature will be accepted for filings submitted
on Form 603-T and uploaded to ULS as outlined above.[^5]

**How to submit other types of filings**

*Amendments to Form 603-T*: Initially, Amendments to Form 603-T cannot
be submitted electronically via ULS.[^6] Amendments will have to be
submitted via e-mail to <leasing@fcc.gov>. To submit an amendment, type
"Amendment" as well as the 10-digit File Number associated with the
original filing in the subject line of the e-mail. Attach the portions
of Form 603-T that have been amended from the previously submitted
version. In addition, all appropriate parties, as indicated in the
instructions to Form 603-T, must sign the amended version of the form.
Bureau staff will reply to the e-mail acknowledging receipt of the
submission and associate the amended version of the form with the
previously submitted version.

*Administrative Updates*: During the interim process, Administrative
Updates (*e.g.,* change of address, contact information, etc.) for the
lessee/sublessee must be submitted via e-mail to <leasing@fcc.gov>.[^7]
To submit an administrative update, type "Administrative Update" in the
subject line of the e-mail and attach a document with the updates. The
document should include the FRN of the lessee/sublessee and all
Lease/Sublease Identifiers for which the updates apply. Bureau staff
will reply to the e-mail acknowledging receipt of the submission and
associate the update with the appropriate lease/sublease notification(s)
or application(s).

*Filings on FCC Form 601*: During the interim process, any filing that
must be submitted on FCC Form 601 (*e.g.,* environmental assessments,
international coordination, etc.) that pertains to the leased/subleased
spectrum must be submitted by the licensee under its call sign.[^8]

**Note:** The Bureau will not review any e-mails sent to
<leasing@fcc.gov> that are not either an Amendment to Form 603-T or an
Administrative Update relating to the lessee/sublessee.

**How to search for notifications and applications submitted on Form
603-T**

Once a notification or application has been submitted via ULS, a file
number will be associated with the filing and the filing will be
available via ULS Application Search on the same day.[^9]

The following are the steps needed to search for filings submitted on
Form 603-T.

1\) Access the ULS homepage at <http://wireless.fcc.gov/uls> and click
on **Applications**.

2\) Select **General** and click **Continue**. Note: At this point,
there are several criteria that can be entered to locate filings
submitted on Form 603-T. A couple of basic criteria are provided below.

3a) Enter the 10 digit File Number associated with the filing and click
**Search**. This search will locate only the filing associated with the
File Number provided.

3b) Select **Purpose LL** and click **Search**. This search will locate
all filings submitted on Form 603-T.

**Other issues**

*Lease/Sublease Identifiers*: Once the Bureau receives a spectrum
manager notification that complies with all Commission rules and
policies or once it approves a *de facto* transfer application, a unique
Lease/Sublease Identifier will be assigned to each Lease/Sublease. This
identifier will correlate to the call sign from which spectrum is
leased/subleased.

*Spectrum Leasing Arrangement letters*: Once the Bureau receives a
spectrum manager notification that complies with all Commission rules
and policies or once it approves a *de facto* transfer application, a
Spectrum Leasing Arrangement letter will be issued to all parties
associated with the filing.

*Public Notices*: As indicated in the *Secondary Markets Report and
Order*, certain spectrum leasing notifications and applications will be
placed on public notice. To accommodate this, the weekly accepted for
filing and action public notices relating to assignments and transfers
of licenses have been revised to include spectrum leasing notifications
and applications.

*Special Conditions section for licenses*: During the interim process,
the Bureau will update the "Special Conditions" section in ULS for a
license under which spectrum has been leased/subleased. The type of
information will include the parties associated with the lease/sublease
and the Lease/Sublease Identifier.

*Possible future revisions to the interim process*: As the Bureau
becomes more familiar with the types of spectrum leasing arrangements
that are submitted and the types of questions that arise, it will
revise, as appropriate, its processes to ensure that it is implementing
as fully as possible the Commission's spectrum leasing policies and
providing necessary guidance and certainty to parties interested in
submitting spectrum leasing notifications and applications.

\* \* \*

If you have additional questions regarding this public notice, contact
James Brown of the Bureau's Mobility Division at 202-418-1546 or
<james.brown@fcc.gov>.

[^1]: In the Matter of Promoting Efficient Use of Spectrum Through
    Elimination of Barriers to the Development of Secondary Markets,
    *Report and Order and Further Notice of Proposed Rulemaking*, FCC
    03-113 (rel. Oct. 6, 2003) (*Secondary Markets Report and Order*);
    *Erratum*, DA 03-3780 (rel. Nov. 24, 2003).

[^2]: It is the responsibility of the parties submitting the form to
    determine when certain Schedules are required.

[^3]: All spectrum leasing notifications and applications filed on FCC
    Form 603-T must be submitted electronically via ULS unless the
    filing involves only spectrum covered by the services listed under
    section 1.9139(d) of the Commission's rules. In these instances, FCC
    Form 603-T may be submitted either electronically or manually.

[^4]: In the Matter of Promoting Efficient Use of Spectrum Through
    Elimination of Barriers to the Development of Secondary Markets,
    *Memorandum Opinion and Order*, DA 04-239 (rel. Jan. 30, 2004)
    (*Spectrum Leasing Interim Process Implementation Order*).

[^5]: *See* 47 C.F.R. § 1.917(d).

[^6]: *Id*., ¶ 5. The Bureau will release a public notice once
    amendments to Form 603-T can be submitted electronically via ULS.

[^7]: *Id*.

[^8]: *Id*., ¶ 4.

[^9]: If a filing is submitted manually, it will be available via ULS
    Application Search once Bureau staff have entered the filing into
    ULS.