Sec.  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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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]