Code of Federal Regulations (alpha)

CFR /  Title 47  /  Part 1  /  Sec. 1.9030 Long-term de facto transfer leasing arrangements.

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(iii) The amount of any unjust enrichment payment will be determined by the Commission as part of its review of the application under the same rules that apply in the context of a license assignment or transfer of control (see Sec. 1.2111 and Sec. 24.714 of this chapter). If the spectrum leasing arrangement involves only part of the license area and/or part of the bandwidth covered by the license, the unjust enrichment obligation will be apportioned as though the license were being partitioned and/or disaggregated (see Sec. 1.2111(c) and Sec. 24.714(c) of this chapter). * * *

(iv) A licensee that participates in the Commission's installment payment program (see Sec. 1.2110(g)) may enter into a long-term de facto transfer leasing arrangement without triggering unjust enrichment obligations provided that the lessee would qualify for as favorable a category of installment payments. A licensee using installment payment financing that seeks to lease to an entity not meeting the eligibility standards for as favorable a category of installment payments must make full payment of the remaining unpaid principal and any unpaid interest accrued through the effective date of the spectrum leasing arrangement (see Sec. 1.2111(a)). * * *

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