§ 101.1415   Partitioning and disaggregation.

   (a) MVDDS licensees are permitted to partition licensed geographic
   areas along county borders (Parishes in Louisiana or Territories in
   Alaska). Disaggregation will not be permitted by MVDDS licensees in the
   12.2-12.7 GHz band. "Partitioning" is the assignment of geographic
   portions of a license along geopolitical or other boundaries.
   "Disaggregation" is the assignment of discrete portions or "blocks" of
   spectrum licensed to a geographic licensee or qualifying entity.

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

   (2) MVDDS licensees may apply to the Commission to partition their
   licensed geographic service areas to eligible entities and are free to
   partition their licensed spectrum at any time following the grant of a
   license.

   (3) Any existing frequency coordination agreements shall convey with
   the assignment of the geographic area or spectrum, and shall remain in
   effect for the term of the agreement unless new agreements are reached.

   (c) Technical standards. (1) Partitioning. In the case of partitioning,
   applicants and licensees must file FCC Form 603 pursuant to § 1.948 of
   this chapter and list the partitioned service area on a schedule to the
   application.

   (2) 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).

   (d) Unjust enrichment. 12 GHz licensees that received a bidding credit
   and partition their licenses to entities not meeting the eligibility
   standards for such a bidding credit, will be subject to the provisions
   concerning unjust enrichment as set forth in § 1.2111 of this chapter.

   (e) License term. The MVDDS license term is ten years, beginning on the
   date of the initial authorization grant. The license term for a
   partitioned license area shall be the remainder of the original
   licensee's license term as provided for in § 101.1413.

   (f) Construction requirements. Applications requesting approval for
   partitioning must include a certification by each party stating that
   one or both parties will satisfy the construction requirement set forth
   in § 101.1413. Failure by a party to meet its respective construction
   requirement will result in the automatic cancellation of its license
   without further Commission action.

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