§  27.15   Geographic partitioning and spectrum disaggregation.

   (a) Eligibility. (1) Parties seeking approval for partitioning and
   disaggregation shall request from the Commission an authorization for
   partial assignment of a license pursuant to §  1.948.

   (2) AWS and WCS licensees may apply to partition their licensed
   geographic service area or disaggregate their licensed spectrum at any
   time following the grant of their licenses.

   (b) Technical Standards --(1) Partitioning. In the case of
   partitioning, applicants and licensees must file FCC Form 603 pursuant
   to section 1.948 and list the partitioned service area on a schedule to
   the application. 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).

   (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.

   (4) Signal levels. For purposes of partitioning and disaggregation,
   part 27 systems must be designed so as not to exceed the signal level
   specified for the particular spectrum block in §  27.55 at the
   licensee's service area boundary, unless the affected adjacent service
   area licensees have agreed to a different signal level.

   (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 §  27.13.

   (d) Compliance with construction requirements --(1) Partitioning. (i)
   Except for WCS licensees holding authorizations for Block A in the
   698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and
   734-740 MHz bands, Block E in the 722-728 MHz band, Blocks C, C1, or C2
   in the 746-757 MHz and 776-787 MHz bands, or Block D in the 758-763 MHz
   and 788-793 MHz bands; and for licensees holding AWS authorizations in
   the 1915-1920 MHz and 1995-2000 MHz bands or the 2000-2020 MHz and
   2180-2200 MHz bands; the following rules apply to WCS and AWS licensees
   holding authorizations for purposes of implementing the construction
   requirements set forth in §  27.14. Parties to partitioning agreements
   have two options for satisfying the construction requirements set forth
   in §  27.14. Under the first option, the partitioner and partitionee
   each certifies that it will independently satisfy the substantial
   service requirement for its respective partitioned area. If a licensee
   subsequently fails to meet its substantial service requirement, its
   license will be subject to automatic cancellation without further
   Commission action. Under the second option, the partitioner certifies
   that it has met or will meet the substantial service requirement for
   the entire, pre-partitioned geographic service area. If the partitioner
   subsequently fails to meet its substantial service requirement, only
   its license will be subject to automatic cancellation without further
   Commission action.

   (ii) For WCS licensees holding authorizations for Block A in the
   698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and
   734-740 MHz bands, Block E in the 722-728 MHz band, or Blocks C, C1,
   and C2 in the 746-757 MHz and 776-787 MHz bands, the following rules
   apply for purposes of implementing the construction requirements set
   forth in §  27.14. Parties to partitioning agreements have two options
   for satisfying the construction requirements set forth in §  27.14.
   Under the first option, the partitioner and partitionee each certifies
   that they will collectively share responsibility for meeting the
   construction requirement for the entire pre-partition geographic
   license area. If the partitioner and partitionee collectively fail to
   meet the construction requirement, then both the partitioner and
   partitionee will be subject to the consequences enumerated in
   §  27.14(g) and (h) for this failure. Under the second option, the
   partitioner and partitionee each certifies that it will independently
   meet the construction requirement for its respective partitioned
   license area. If the partitioner or partitionee fails to meet the
   construction requirement for its respective partitioned license area,
   then the consequences for this failure shall be those enumerated in
   §  27.14(g) and (h).

   (iii) For licensees holding AWS authorizations in the 1915-1920 MHz and
   1995-2000 MHz bands, or the 2000-2020 MHz and 2180-2200 MHz bands, the
   following rules apply for purposes of implementing the construction
   requirements set forth in §  27.14. Each party to a geographic
   partitioning must individually meet any service-specific performance
   requirements (i.e., construction and operation requirements). If a
   partitioner or partitionee fails to meet any service-specific
   performance requirements on or before the required date, then the
   consequences for this failure shall be those enumerated in §  27.14(q)
   for 2000-2020 MHz and 2180-2200 MHz licenses and those enumerated in
   §  27.14(r) for 1915-1920 MHz and 1995-2000 MHz licensees.

   (2) Disaggregation . (i) Except for WCS licensees holding
   authorizations for Block A in the 698-704 MHz and 728-734 MHz bands,
   Block B in the 704-710 MHz and 734-740 MHz bands, Block E in the
   722-728 MHz band, Blocks C, C1, or C2 in the 746-757 MHz and 776-787
   MHz bands, or Block D in the 758-763 MHz and 788-793 MHz bands; and for
   licensees holding AWS authorizations in the 1915-1920 MHz and 1995-2000
   MHz bands or the 2000-2020 MHz and 2180-2200 MHz bands; the following
   rules apply to WCS and AWS licensees holding authorizations for
   purposes of implementing the construction requirements set forth in
   §  27.14. Parties to disaggregation agreements have two options for
   satisfying the construction requirements set forth in §  27.14. Under
   the first option, the disaggregator and disaggregatee each certifies
   that it will share responsibility for meeting the substantial service
   requirement for the geographic service area. If the parties choose this
   option and either party subsequently fails to satisfy its substantial
   service responsibility, both parties' licenses will be subject to
   forfeiture without further Commission action. Under the second option,
   both parties certify either that the disaggregator or the disaggregatee
   will meet the substantial service requirement for the geographic
   service area. If the parties choose this option, and the party
   responsible subsequently fails to meet the substantial service
   requirement, only that party's license will be subject to forfeiture
   without further Commission action.

   (ii) For WCS licensees holding authorizations for Block A in the
   698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and
   734-740 MHz bands, Block E in the 722-728 MHz band, and Blocks C, C1,
   or C2 in the 746-757 MHz and 776-787 MHz bands, the following rules
   apply for purposes of implementing the construction requirements set
   forth in §  27.14. If either the disaggregator or the disaggregatee
   meets the construction requirements set forth in §  27.14, then these
   requirements will be considered to be satisfied for both parties. If
   neither the disaggregator nor the disaggregatee meets the construction
   requirements, then both parties will be subject to the consequences
   enumerated in §  27.14(g) and (h) for this failure.

   (iii) For licensees holding AWS authorizations in the 1915-1920 MHz and
   1995-2000 MHz bands or the 2000-2020 MHz and 2180-2200 MHz bands, the
   following rules apply for purposes of implementing the construction
   requirements set forth in §  27.14. Each party to a spectrum
   disaggregation must individually meet any service-specific performance
   requirements (i.e., construction and operation requirements). If a
   disaggregator or a disaggregatee fails to meet any service-specific
   performance requirements on or before the required date, then the
   consequences for this failure shall be those enumerated in §  27.14(q)
   for 2000-2020 MHz and 2180-2200 MHz licenses and those enumerated in
   §  27.14(r) for 1915-1920 MHz and 1995-2000 MHz licensees.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  63 FR 68954 , Dec. 14, 1998;  65 FR 3146 , Jan. 20, 2000;  65 FR 57268 , Sept. 21, 2000;  67 FR 45373 , July
   9, 2002;  69 FR 5715 , Feb. 6, 2004;  72 FR 48848 , Aug. 24, 2007;  78 FR 8268 , Feb. 5, 2013;  78 FR 50255 , Aug. 16, 2013]

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