§ 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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