Sec.  101.56   Partitioned service areas (PSAs) and disaggregated spectrum.

   (a)(1) The holder of an EA authorization to provide service pursuant to the
   competitive  bidding process and any incumbent licensee of rectangular
   service areas in the 38.6–40.0 GHz band may enter into agreements with
   eligible parties to partition any portion of its service area as defined by
   the partitioner and partitionee. Alternatively, licensees may enter into
   agreements or contracts to disaggregate any portion of spectrum, provided
   acquired spectrum is disaggregated according to frequency pairs.

   (2)(i) Contracts must be filed with the Commission within 30 days of the
   date that such agreements are reached.

   (ii) The contracts must include descriptions of the areas being partitioned
   or spectrum disaggregated. The partitioned service area shall be defined by
   coordinate points at every 3 seconds along the partitioned service area
   unless  an FCC recognized service area is utilized (i.e., Metropolitan
   Service  Area  or Rural Service Area) or county lines are followed. If
   geographic coordinate points are used, they 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). 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.

   (b) The eligibility requirements applicable to EA authorization holders also
   apply to those individuals and entities seeking partitioned or disaggregated
   spectrum authorizations.

   (c) Subsequent to issuance of the authorization for a partitioned service
   area, the partitioned area will be treated as a separate protected service
   area.

   (d)(1) When any area within an EA becomes a partitioned service area, the
   remaining counties and geopolitical subdivision within that EA will be
   subsequently treated and classified as a partitioned service area.

   (2) At the time an EA is partitioned, the Commission shall cancel the EA
   authorization  initially  issued  and issue a partitioned service area
   authorization to the former EA authorization holder.

   (e) At the time a BTA is partitioned, the Commission shall cancel the BTA
   authorization  initially  issued  and issue a partitioned service area
   authorization to the former BTA authorization holder.

   (f) The duties and responsibilities imposed upon EA authorization holders in
   this part, apply to those licensees obtaining authorizations by partitioning
   or spectrum disaggregation.

   (g)  The  build-out  requirements  for the partitioned service area or
   disaggregated spectrum shall be the same as applied to the EA authorization
   holder.

   (h) The license term for the partitioned service area or disaggregated
   spectrum shall be the remainder of the period that would apply to the EA
   authorization holder.

   (i)  Licensees, including those using bidding credits in a competitive
   bidding procedure, shall have the authority to partition service areas or
   disaggregate spectrum.

   [ 63 FR 6104 , Feb. 6, 1998, as amended at  63 FR 68982 , Dec. 14, 1998;  64 FR 45893 , Aug. 23, 1999;  64 FR 59664 , Nov. 3, 1999;  67 FR 45379 , July 9, 2002]

   Editorial Note:   At  64 FR 59664 , Nov. 3, 1999, in  Sec. 101.56, paragraphs
   (d)(1) and (2) were redesignated as (d) and (e); however, paragraph (e)
   already exists and the change could not be made.