§ 22.513   Partitioning and disaggregation.

   MEA and EA licensees may apply to partition their authorized geographic
   service area or disaggregate their authorized spectrum at any time following
   grant of their geographic area authorizations. Nationwide geographic area
   licensees may apply to partition their authorized geographic service area or
   disaggregate their authorized spectrum at any time as of August 23, 1999.

   (a) Application required. Parties seeking approval for partitioning and/or
   disaggregation shall apply for partial assignment of a license pursuant to
   § 1.948 of this chapter.

   (b) 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 authorized geographic
   service area. The partitioned service area shall be defined by 120 sets of
   geographic coordinates at points at every 3 degrees azimuth from a point
   within the partitioned service area along the partitioned service area
   boundary unless either an FCC-recognized service area is used (e.g., MEA or
   EA) or county lines are followed. The geographical coordinates must be
   specified in degrees, minutes, and seconds to the nearest second latitude
   and longitude, and must be based upon the 1983 North American Datum (NAD83).
   In the case where FCC-recognized service areas or county lines are used,
   applicants  need  only  list  the  specific area(s) through use of FCC
   designations or county names that constitute the partitioned area.

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

   (d)  Combined partitioning and disaggregation. Licensees may apply for
   partial  assignment  of  authorizations  that  propose combinations of
   partitioning and disaggregation.

   (e) 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 § 1.955 of this chapter.

   (f) Coverage requirements for partitioning. (1) Parties to a partitioning
   agreement must satisfy at least one of the following requirements:

   (i) The partitionee must satisfy the applicable coverage requirements set
   forth in § 22.503(k)(1), (2) and (3) for the partitioned license area; or

   (ii) The original licensee must meet the coverage requirements set forth in
   § 22.503(k)(1), (2) and (3) for the entire geographic area. In this case, the
   partitionee must meet only the requirements for renewal of its authorization
   for the partitioned license area.

   (2) Parties seeking authority to partition must submit with their partial
   assignment application a certification signed by both parties stating which
   of the above options they select.

   (3) Partitionees must submit supporting documents showing compliance with
   their coverage requirements as set forth in § 22.503(k)(1), (2) and (3).

   (4) Failure by any partitionee to meet its coverage requirements will result
   in automatic cancellation of the partitioned authorization without further
   Commission action.

   (g)  Coverage  requirements  for  disaggregation.  (1)  Parties  to  a
   disaggregation  agreement  must  satisfy at least one of the following
   requirements:

   (i) Either the disaggregator or disaggregatee must satisfy the coverage
   requirements set forth in § 22.503 (k)(1), (2) and (3) for the entire license
   area; or

   (ii) Parties must agree to share responsibility for meeting the coverage
   requirements set forth in § 22.503 (k)(1), (2) and (3) for the entire license
   area.

   (2) Parties seeking authority to disaggregate must submit with their partial
   assignment application a certification signed by both parties stating which
   of the above requirements they meet.

   (3) Disaggregatees must submit supporting documents showing compliance with
   their coverage requirements as set forth in § 22.503 (k)(1), (2) and (3).

   (4) Parties that accept responsibility for meeting the coverage requirements
   and later fail to do so will be subject to automatic license cancellation
   without further Commission action.

   [ 64 FR 33784 , June 24, 1999]

   return arrow Back to Top