§  90.911   Partitioned licenses and disaggregated spectrum.

   (a) Eligibility. Parties seeking approval for partitioning and
   disaggregation shall request an authorization for partial assignment of
   a license pursuant to §  90.153(c).

   (b) Technical standards —(1) Partitioning. In the case of partitioning,
   requests for authorization for partial assignment of a license must
   include, as attachments, a description of the partitioned service area
   and a calculation of the population of the partitioned service area and
   the licensed geographic service area. The partitioned service area
   shall be defined by coordinate points at every 3 degrees along the
   partitioned service area unless an FCC recognized service area is
   utilized ( i.e., Major Trading Area, Basic Trading Area, Metropolitan
   Service Area, Rural Service Area or Economic Area) or county lines are
   followed. The geographic coordinates must be specified in degrees,
   minutes, and seconds to the nearest second of latitude and longitude
   and must be based upon the 1983 North American Datum (NAD83). In the
   case where an FCC recognized service area or county lines are utilized,
   applicants need only list the specific area(s) (through use of FCC
   designations or county names) that constitute the partitioned area.

   (2) Disaggregation. Spectrum may be disaggregated in any amount.

   (3) Combined partitioning and disaggregation. The Commission will
   consider requests for partial assignment of licenses that propose
   combinations of partitioning and disaggregation.

   (c) License term. The license term for a partitioned license area and
   for disaggregated spectrum shall be the remainder of the original
   licensee's license term as provided for in § §  90.629(a), 90.665(a) or
   90.685(a).

   (d) Construction and channel usage requirements—incumbent licensees.
   Parties seeking to acquire a partitioned license or disaggregated
   spectrum from an incumbent licensee will be required to construct and
   commence “service to subscribers” all facilities acquired through such
   transactions within the original construction deadline for each
   facility as set forth in § §  90.629 and 90.683. Failure to meet the
   individual construction deadline will result in the automatic
   termination of the facility's authorization.

   (e) Construction and channel usage requirements—EA licensees —(1)
   Licensees in channel blocks A, B and C —(i) Requirements for
   partitioning. (A) The partitionee may certify that it will satisfy the
   applicable construction requirements set forth in §  90.685(c) for the
   partitioned license area; or

   (B) The original licensee may certify that it has or will meet the
   three and five year construction requirements set forth in §  90.685(c)
   for the entire market.

   (C) Applications requesting partial assignments of license for
   partitioning must include a certification by each party as to which of
   the above options they select.

   (D) Partitionees must submit supporting documents showing compliance
   with the respective construction requirements within the appropriate
   time frames set forth in §  90.685(c).

   (E) Failure by any partitionee to meet its respective construction
   requirements will result in the automatic cancellation of the
   partitioned license without further Commission action.

   (ii) Requirements for disaggregation. Parties seeking authority to
   disaggregate spectrum from an EA licensee in Spectrum Blocks A, B and C
   must meet one of the following channel use requirements:

   (A) The partitionee may certify that it will satisfy the channel usage
   requirements set forth in §  90.685(d) for the disaggregated spectrum;
   or

   (B) The original licensee may certify that it has or will meet the
   channel usage requirements as set forth in §  90.685(d) for the entire
   spectrum block. In that case, the disaggregatee must only satisfy the
   requirements for “substantial service,” as set forth in §  90.685(c),
   for the disaggregated spectrum within five years of the license grant.

   (C) Applications requesting partial assignments of license for
   disaggregation must include a certification by each party as to which
   of the above options they select.

   (D) Disaggregatees must submit supporting documents showing compliance
   with the respective channel usage requirements within the appropriate
   time frames set forth in §  90.685(c).

   (E) Failure by any disaggregatee to meet its respective channel usage
   requirements will result in the automatic cancellation of the
   disaggregated license without further Commission action.

   (2) Licensees in channel blocks D through V —(i) Requirements for
   partitioning. Parties seeking authority to partition an EA license must
   meet one of the following construction requirements:

   (A) The partitionee may certify that it will satisfy the applicable
   construction requirements set forth in §  90.685(c) for the partitioned
   license area; or

   (B) The original licensee may certify that it has or will meet the
   construction requirements set forth in §  90.685(c) for the entire
   market.

   (C) Applications requesting partial assignments of license for
   partitioning must include a certification by each party as to which of
   the above options they select.

   (D) Partitionees must submit supporting documents showing compliance
   with the respective construction requirements within the appropriate
   time frames set forth in §  90.685(c).

   (E) Failure by any partitionee to meet its respective construction
   requirements will result in the automatic cancellation of the
   partitioned license without further Commission action.

   (ii) Requirements for disaggregation. Parties seeking authority to
   disaggregate must submit with their partial assignment application a
   certification signed by both parties stating which of the parties will
   be responsible for meeting the construction requirements for the market
   as set forth in §  90.685. Parties may agree to share responsibility for
   meeting the construction requirements. Parties that accept
   responsibility for meeting the construction requirements and later fail
   to do so will be subject to license forfeiture without further
   Commission action.

   (f) Certification concerning relocation of incumbent licensees. Parties
   seeking approval of a partitioning or disaggregation agreement pursuant
   to this section must include a certification with their partial
   assignment of license application as to which party will be responsible
   for meeting the incumbent relocation requirements set forth at
   §  90.699.

   [ 62 FR 41221 , July 31, 1997, as amended at  63 FR 68973 , Dec. 14, 1998;
    67 FR 45377 , July 9, 2002]

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