INTERFERENCE CONSENTS Clause Samples
INTERFERENCE CONSENTS. Upon advance written notice to Licensee given after the Commencement Date, Clearwire shall have the right to enter into agreements ("INTERFERENCE CONSENTS") allowing third party licensees and operators to operate transmitters that cause greater levels of signal strength within the Licensee's GSA than otherwise is permitted under Part 27 of FCC Rules in order to coordinate Clearwire's operations in Licensee's GSA with those of third parties. This right shall apply only to such Interference Consents ("CONFORMING INTERFERENCE CONSENTS") as (1) by their terms expire upon the earlier of the expiration or termination of this Agreement; (2) do not result in or allow operations as may result in a degradation in the value of the Channels or any impairment of the FCC License for the Channels that is material or will continue beyond the expiration or termination of this Agreement; (3) are limited to terms and conditions providing for fair and reciprocal rights and limitations for and on the operation of Licensee's facilities and the facilities of the other party in connection with system coordination inside Licensee's GSA and at Licensee's GSA boundaries and provisions ancillary thereto, but not channel swapping; (4) do not cede, grant or provide any part of the Licensee's GSA or channel capacity to a third party; (5) do not allow the placement of third party transmitters operating on the frequencies of any of the Channels within the Licensee's GSA, except for transmitters operated pursuant to Special Temporary Authority for not more than a total of 180 days plus a renewal period of not more than 180 days, and in any event ending prior to the expiration or termination of this Agreement; and (6) do not prevent the construction of facilities sufficient to qualify the Licensee for a substantial service safe harbor pursuant to the terms of this Agreement. Third-party rights to use Licensee's GSA or channel capacity other than those matters related above are to be handled in accordance with the assignment or sublicensing provisions of this Agreement. All Interference Consents entered into by Clearwire pursuant to this Section shall provide that the Licensee has the right to require the third party to cease operations that required the Interference Consent to exist upon the expiration or termination of this Agreement, including the right of specific performance of such requirement and the payment by the third party of attorneys' fees in enforcing that right, and that such ...
INTERFERENCE CONSENTS. Except as disclosed in Exhibit D, Licensee has not, within eleven (11) years of the Effective Date, executed any Interference Consent. Neither Party shall execute any Interference Consent or request a waiver of FCC Rules affecting the Channels or the Licenses without the other Party's advance written consent, such consent not to be unreasonably withheld, refused or delayed; provided, however, that Licensee may request a waiver of FCC Rules if it reasonably determines such waiver is necessary to preserve the Licenses or to prevent a material adverse effect to the Licenses. Licensee shall execute any Interference Consent and consent to any waiver of FCC Rules, upon reasonable request by Clearwire; provided, however, that Licensee shall have no obligation to execute any Interference Consent or consent to any waiver of FCC Rules, if Licensee reasonably determines that such consent would (i) result in interference to the use of Licensee's Reserved Capacity, (ii) result in interference to a third party in violation of FCC Rules; (iii) result in any other violation of FCC Rules; (iv) result in a material difference in any of the Channels' GSAs upon expiration or termination of this Agreement; or (v) have a material adverse affect on the value of the Licenses or the Channels upon the expiration or termination of this Agreement.
INTERFERENCE CONSENTS. As of the Effective Date, no Seller Party nor any of their Affiliates have entered into any Interference Consent with respect to the Seller Licenses or the Hawaii Licenses.
INTERFERENCE CONSENTS. Upon advance written notice to Licensee given after the Commencement Date, Clearwire shall have the right to enter into agreements ("INTERFERENCE CONSENTS") allowing third party licensees and operators to operate transmitters that cause greater levels of signal strength within the Licensee's GSA than otherwise is permitted under Part 27 of FCC Rules in order to coordinate Clearwire's operations in Licensee's GSA with those of third parties. This right shall apply only to such Interference Consents ("CONFORMING INTERFERENCE CONSENTS") as (1) by their <PAGE> terms expire upon the earlier of the expiration or termination of this Agreement; (2) do not result in or allow operations as may result in a degradation in the value of the Channels or any impairment of the FCC License for the Channels that is material or will continue beyond the expiration or termination of this Agreement; (3) are limited to terms and conditions providing for fair and reciprocal rights and limitations for and on the operation of Licensee's facilities and the facilities of the other party in connection with system coordination inside Licensee's GSA and at Licensee's GSA boundaries and provisions ancillary thereto, but not channel swapping; (4) do not cede, grant or provide any part of the Licensee's GSA or channel capacity to a third party;
INTERFERENCE CONSENTS. (a) Upon Buyer's (or its Affiliate's) request, the Seller will execute and deliver, or, if not the licenses, use commercially reasonable efforts to cause the lessor under the application spectrum lease to execute and deliver, to the Buyer a letter of no objection (substantially in the form attached hereto as Exhibit G and reasonably satisfactory to requesting Party's counsel) from the applicable Seller Adjacent Channel(s) (as defined below) that allows Buyer or its Affiliates to construct and operate the FCC Licenses and Spectrum Leases as a part of Buyer's (or its Affiliate's) two-way broadband wireless system until the Transition is complete in the market for such channels, provided such operation is otherwise consistent with FCC Rules.
(b) For purposes of this Section 6.8, "Seller Adjacent Channels" means the channels identified on Schedule 5 and the channels under the FCC licenses and spectrum leases actually transferred to Seller pursuant to the Purchase and Sale Agreement, dated as of the date hereof, by and between Seller and Fixed Wireless Holdings, LLC.
INTERFERENCE CONSENTS. Except as described in Exhibit 3.28 or as required by this Agreement, as of the date of this Agreement, there are no agreements or understandings (written or oral) between the Company and any present or proposed Wireless Cable System operator or MDS or ITFS licensee or applicant with respect to adjacent market interference, the coordination of adjacent market channel use or other matters concerned with the operation of nearby markets or obtaining the assistance of a party's Channel capacity lessors.
INTERFERENCE CONSENTS. Schedule 3.12 of the Company Disclosure Schedule sets forth a true and complete list of all Interference Consents regarding the Company Licenses. All such Interference Consents have been Made Available to Parent, and the Company and its Subsidiaries are in compliance with the terms and conditions of all such Interference Consents.