Sec. 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 section 27.324.
(2) 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, 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, Economic Area, or Major Economic Area)
or county lines are followed. The geographic coordinates must be
specified in degrees, minutes, and seconds to the nearest second of
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latitude and longitude and must be based upon the 1927 North American
Datum (NAD27). Applicants may supply geographical coordinates based on
1983 North American Datum (NAD83) in addition to those required (NAD27).
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.
(4) Signal levels. For purposes of partitioning and disaggregation,
WCS systems must be designed so as not to exceed a signal level of 47
dByV/m at the licensee's service area boundary, unless the affected
adjacent service area licensees have agreed to a different signal level.
See section 27.55.
(c) Unjust Enrichment.--(1) Bidding credits. Licensees that received
a bidding credit and partition their licenses or disaggregate their
spectrum 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 section 27.209(c).
(2) Apportioning unjust enrichment payments. Unjust enrichment
payments for partitioned license areas shall be calculated based upon
the ratio of the population of the partitioned license area to the
overall population of the license area and by utilizing the most recent
census data. Unjust enrichment payments for disaggregated spectrum shall
be calculated based upon the ratio of the amount of spectrum
disaggregated to the amount of spectrum held by the licensee.
(d) 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 Sec. 27.13.
Subpart C--Technical Standards
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