Common use of Oversight of Lessee’s Operations on the Leased Spectrum Clause in Contracts

Oversight of Lessee’s Operations on the Leased Spectrum. Throughout the Term, Licensee shall have the right to take such actions as are reasonably necessary to ensure that Lessee’s operation of the System complies with the Communications Laws, this Lease, and the terms and conditions of the License (including conformance with applicable license eligibility, basic qualifications, character qualifications and technical requirements, and use and foreign ownership restrictions). Lessee hereby acknowledges Licensee’s right to take such actions as are reasonably necessary to meet this obligation, and that Licensee may: (i) periodically (and at Licensee’s sole cost) monitor and oversee Lessee’s use of the Spectrum Usage Rights to ensure Lessee operates the System in conformance with technical and use rules applicable to the License; (ii) take actions that are reasonably necessary to ensure that Lessee’s operation of the System complies with the Communications Laws and regulations intended to prevent harmful interference to any other licensed spectrum user; (iii) require that Lessee implement, at Lessee’s cost, any modification or coordination that is reasonably necessary to avoid or otherwise resolve harmful interference or any interference-related matters arising from operation of the System, including any conflicts between Lessee and any other licensed spectrum user, which actions may include but are not limited to suspending or terminating the operations of the System until any interference-related matter can be remedied; (iv) make determinations as to whether particular circumstances give rise to the requirement of filing an application or notification in accordance with Section 6 of this Lease, and if so, with Lessee’s cooperation, make such filing or notification; (v) take whatever actions are reasonably necessary to ensure that all facilities comprising the System comply with all applicable RF safety rules for human exposure promulgated by the FCC or any other governmental authority; and (vi) communicate with the FCC on matters related to the License.

Appears in 1 contract

Samples: Spectrum Manager Lease (Triton PCS Holdings Inc)

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Oversight of Lessee’s Operations on the Leased Spectrum. Throughout the Term, Licensee shall have the right to take such actions as are reasonably necessary to ensure that Lessee’s operation of the System complies with the Communications Laws, this Lease, and the terms and conditions of the License Licenses (including conformance with applicable license eligibility, basic qualifications, character qualifications and technical requirements, and use and foreign ownership restrictions). Lessee hereby acknowledges Licensee’s right to take such actions as are reasonably necessary to meet this obligation, and that Licensee may: (i) periodically (and at Licensee’s sole cost) monitor and oversee Lessee’s use of the Spectrum Usage Rights to ensure Lessee operates the System in conformance with technical and use rules applicable to the LicenseLicenses; (ii) take actions that are reasonably necessary to ensure that Lessee’s operation of the System complies with the Communications Laws and regulations intended to prevent harmful interference to any other licensed spectrum user; (iii) require that Lessee implement, at Lessee’s cost, any modification or coordination that is reasonably necessary to avoid or otherwise resolve harmful interference or any interference-related matters arising from operation of the System, including any conflicts between Lessee and any other licensed spectrum user, which actions may include but are not limited to suspending or terminating the operations of the System until any interference-related matter can be remedied; (iv) make determinations as to whether particular circumstances give rise to the requirement of filing an application or notification in accordance with Section 6 of this Lease, and if so, with Lessee’s cooperation, make such filing or notification; (v) take whatever actions are reasonably necessary to ensure that all facilities comprising the System comply with all applicable RF safety rules for human exposure promulgated by the FCC or any other governmental authority; and (vi) communicate with the FCC on matters related to the LicenseLicenses.

Appears in 1 contract

Samples: Spectrum Manager Lease (Triton PCS Holdings Inc)

Oversight of Lessee’s Operations on the Leased Spectrum. Throughout the Term, Licensee shall Lessor will have the obligation and the unconditional right to take such all actions as are reasonably necessary or desirable to ensure that Lessee’s exercise of its Spectrum Usage Rights in the Leased Spectrum and its operation of the System complies comply with the Communications Laws, this LeaseLease Agreement, and the terms and conditions of the License FCC Licenses (including conformance with applicable license eligibility, basic qualifications, character qualifications and technical requirements, and use and foreign ownership restrictions). Lessee hereby acknowledges Licensee’s right to take such actions as are reasonably necessary to meet this obligationAs such, and that Licensee mayLessor may do the following: (i) periodically (and at Licensee’s sole cost) monitor and oversee Lessee’s use of the Spectrum Usage Rights Rights, as necessary, to ensure Lessee operates the System in conformance with technical and use rules applicable to the LicenseFCC Licenses; (ii) take all actions that are reasonably necessary to ensure that Lessee’s operation of the System complies with the Communications Laws FCC rules and regulations intended to prevent harmful interference to any other licensed spectrum user; (iii) require that Lessee implement, at Lessee’s cost, any modification or coordination that is take whatever actions are reasonably necessary to avoid or otherwise resolve harmful interference or any interference-related matters arising from operation of the System, including any conflicts between Lessee and any other licensed spectrum user, which actions may include but are not limited to suspending or terminating the operations of the System until any interference-related matter can be remedied; (iv) make determinations as to whether particular circumstances give rise to the requirement of filing an application or notification in accordance with Section 6 of this Leasenotification, and if sosuch, with Lessee’s cooperation, make such filing or notification; (v) take whatever actions are reasonably necessary to ensure that all facilities comprising the System comply with all applicable RF radio frequency (RF) safety rules for human exposure promulgated by the FCC or any other governmental authoritybody; and (vi) communicate interface with the FCC on matters related to the LicenseFCC Licenses.

Appears in 1 contract

Samples: GSM Operating Agreements (Dobson Communications Corp)

Oversight of Lessee’s Operations on the Leased Spectrum. Throughout the Term, Licensee Lessor shall have the right to take such all actions as are reasonably necessary to ensure that Lessee’s operation of the System complies with the Communications Laws, this LeaseLease Agreement, and the terms and conditions of the License (including conformance with applicable license eligibility, basic qualifications, character qualifications and technical requirements, and use and foreign ownership restrictions). Lessee hereby acknowledges LicenseeLessor’s right to take such actions as are reasonably necessary to meet this obligation, and that Licensee Lessor may: (i) periodically (and at LicenseeLessor’s sole cost) monitor and oversee Lessee’s use of the Spectrum Usage Rights to ensure Lessee operates the System in conformance with technical and use rules applicable to the License; (ii) take all actions that are reasonably necessary to ensure that Lessee’s operation of the System complies with the Communications Laws and Laws, including regulations intended to prevent harmful interference to any other licensed spectrum userusers entitled to interference protection under the Communications Laws; (iii) require that Lessee implement, at Lessee’s cost, immediately implement any modification or coordination that is Lessor determines to be reasonably necessary to avoid or otherwise resolve harmful interference or any interference-related matters arising from operation of the System, including any conflicts between Lessee and any other licensed spectrum useruser entitled to interference protection under the Communications Laws, which actions may include include, but are not limited to to, suspending or terminating the operations operation of the System until any the interference-related matter matters can be remedied; (iv) make determinations as to whether particular circumstances give rise to the requirement of filing an application or notification in accordance with Section 6 of this Lease6(b), and if so, with Lessee’s cooperation, make such filing or notification; (v) take whatever actions are reasonably necessary to ensure that all facilities comprising the System and all other actions of Lessee relating to the System’s facilities or the Leased Spectrum comply with all applicable RF safety rules for human exposure promulgated by the FCC or any other governmental authority; andradiofrequency (RF) (vi) communicate interface with the FCC on matters related to the License.

Appears in 1 contract

Samples: Short Term Spectrum Manager Lease Agreement

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Oversight of Lessee’s Operations on the Leased Spectrum. Throughout the Termterm of this Lease Agreement, Licensee shall Lessor will have the unconditional right to take such all actions as are reasonably necessary or desirable to ensure that Lessee’s exercise of its Spectrum Usage Rights in the Leased Spectrum and its operation of the System complies comply with the Communications Laws, this LeaseLease Agreement, and the terms and conditions of the License FCC Licenses (including conformance including, but not limited to, conformity with applicable license eligibility, basic qualifications, character qualifications and technical requirements, and use and foreign ownership restrictions). Lessee hereby acknowledges Licensee’s As such, and without limitation, throughout the term of this Lease Agreement, Lessor retains the unconditional right to take such actions as are reasonably necessary to meet this obligation, and that Licensee maydo any of the following: (i) periodically (and at Licensee’s sole cost) monitor and oversee Lessee’s use of the Spectrum Usage Rights Rights, as necessary, to ensure that Lessee operates the System in conformance with technical and use rules applicable to the LicenseFCC Licenses; (ii) take all actions that are reasonably necessary to ensure that Lessee’s operation of the System complies with the Communications Laws and regulations intended to prevent harmful interference to any other licensed spectrum user; (iii) require that Lessee implement, at Lessee’s cost, any modification or coordination that is take whatever actions are reasonably necessary to avoid or otherwise resolve harmful interference or any interference-related matters arising from operation of the System, including any conflicts between Lessee and any other licensed spectrum user, which actions may include but are not limited to suspending or terminating the operations of the System until any interference-related matter can be remedied; (iv) make determinations as to whether particular circumstances give rise to the requirement of filing an application or notification in accordance with Section 6 of this Leasethe FCC or any other governmental authority, and if sosuch, with Lessee’s cooperation, make such filing or notification; (v) take whatever actions are reasonably necessary to ensure that all facilities comprising the System comply with all applicable RF safety rules for human exposure promulgated by the FCC or any other governmental authority; and (viv) communicate with the FCC on matters related to the LicenseFCC Licenses.

Appears in 1 contract

Samples: Lease Agreement (Globalstar, Inc.)

Oversight of Lessee’s Operations on the Leased Spectrum. Throughout the Term, Licensee Lessor shall be directly and primarily responsible for ensuring Lessee’s compliance with the Communications Laws. Lessor shall have the right to take such all actions as are reasonably necessary to ensure that Lessee’s operation of the System complies with the Communications Laws, this LeaseLease Agreement, and the terms and conditions of the License FCC Licenses (including conformance with applicable license eligibility, basic qualifications, character qualifications and technical requirements, and use and foreign ownership restrictions). Lessee hereby acknowledges LicenseeLessor’s right to take such actions as are reasonably necessary to meet this obligation, and that Licensee Lessor may: (i) periodically (and at Licensee’s sole cost) monitor and oversee Lessee’s use of the Spectrum Usage Rights to ensure Lessee operates the System in conformance with technical and use rules applicable to the LicenseFCC Licenses; (ii) take all actions that are reasonably necessary to ensure that Lessee’s operation of the System complies with the Communications Laws and Laws, including regulations intended to prevent harmful interference to any other licensed spectrum userusers entitled to interference protection under the Communications Laws; (iii) require that Lessee implement, at Lessee’s cost, implement any modification or coordination that is reasonably necessary to avoid or otherwise resolve harmful interference or any interference-related matters arising from operation of the System, including any conflicts between Lessee and any other licensed spectrum useruser entitled to interference protection under the Communications Laws, which actions may include include, but are not limited to to, suspending or terminating the operations of the System until any the interference-related matter matters can be remedied; (iv) make reasonable determinations as to whether particular circumstances give rise to the requirement of filing an application or notification in accordance with Section 6 of this Lease7(b) hereafter, and if so, with Lessee’s cooperation, make such filing or notification; (v) take whatever actions are reasonably necessary to ensure that all facilities comprising the System comply with all applicable RF radiofrequency (RF) safety rules for human exposure promulgated by the FCC or any other governmental authority; and (vi) communicate interface with the FCC solely in a manner consistent with the rights granted to Lessee pursuant to the Lease Agreement on matters related to the LicenseFCC Licenses.

Appears in 1 contract

Samples: Spectrum Manager Lease Agreement (Terrestar Corp)

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