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  Sec. 1.948.

   (2) AWS and 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,
   applicants and licensees must file FCC Form 603 pursuant to section 1.948
   and list the partitioned service area on a schedule to the application. 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).

   (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, part 27
   systems must be designed so as not to exceed the signal level specified for
   the particular spectrum block in  Sec. 27.55 at the licensee's service area
   boundary, unless the affected adjacent service area licensees have agreed to
   a different signal level.

   (c) 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.

   (d) Compliance with construction requirements —(1) Partitioning. (i) Except
   for WCS licensees holding authorizations for Block A in the 698–704 MHz and
   728–734 MHz bands, Block B in the 704–710 MHz and 734–740 MHz bands, Block E
   in the 722–728 MHz band, Blocks C, C1, or C2 in the 746–757 MHz and 776–787
   MHz  bands,  or  Block D in the 758–763 MHz and 788–793 MHz bands, the
   following rules apply to WCS and AWS licensees holding authorizations for
   purposes of implementing the construction requirements set forth in  Sec. 27.14.
   Parties to partitioning agreements have two options for satisfying the
   construction requirements set forth in  Sec. 27.14. Under the first option, the
   partitioner  and partitionee each certifies that it will independently
   satisfy the substantial service requirement for its respective partitioned
   area. If a licensee subsequently fails to meet its substantial service
   requirement, its license will be subject to automatic cancellation without
   further  Commission  action. Under the section option, the partitioner
   certifies that it has met or will meet the substantial service requirement
   for the entire, pre-partitioned geographic service area. If the partitioner
   subsequently fails to meet its substantial service requirement, only its
   license will be subject to automatic cancellation without further Commission
   action.

   (ii) For WCS licensees holding authorizations for Block A in the 698–704 MHz
   and 728–734 MHz bands, Block B in the 704–710 MHz and 734–740 MHz bands,
   Block E in the 722–728 MHz band, or Blocks C, C1, and C2 in the 746–757 MHz
   and  776–787  MHz  bands,  the  following  rules apply for purposes of
   implementing the construction requirements set forth in  Sec. 27.14. Parties to
   partitioning agreements have two options for satisfying the construction
   requirements set forth in  Sec. 27.14. Under the first option, the partitioner
   and  partitionee  each  certifies  that  they  will collectively share
   responsibility for meeting the construction requirement for the entire
   pre-partition geographic license area. If the partitioner and partitionee
   collectively  fail to meet the construction requirement, then both the
   partitioner and partitionee will be subject to the consequences enumerated
   in   Sec. 27.14(g)  and  (h) for this failure. Under the second option, the
   partitioner and partitionee each certifies that it will independently meet
   the construction requirement for its respective partitioned license area. If
   the partitioner or partitionee fails to meet the construction requirement
   for its respective partitioned license area, then the consequences for this
   failure shall be those enumerated in  Sec. 27.14(g) and (h).

   (2) Disaggregation . (i) Except for WCS licensees holding authorizations for
   Block A in the 698–704 MHz and 728–734 MHz bands, Block B in the 704–710 MHz
   and 734–740 MHz bands, Block E in the 722–728 MHz band, Blocks C, C1, or C2
   in the 746–757 MHz and 776–787 MHz bands, or Block D in the 758–763 MHz and
   788–793  MHz bands, the following rules apply to WCS and AWS licensees
   holding  authorizations  for purposes of implementing the construction
   requirements set forth in  Sec. 27.14. Parties to disaggregation agreements have
   two  options for satisfying the construction requirements set forth in
    Sec. 27.14. Under the first option, the disaggregator and disaggregatee each
   certifies that it will share responsibility for meeting the substantial
   service requirement for the geographic service area. If the parties choose
   this option and either party subsequently fails to satisfy its substantial
   service responsibility, both parties' licenses will be subject to forfeiture
   without further Commission action. Under the second option, both parties
   certify either that the disaggregator or the disaggregatee will meet the
   substantial service requirement for the geographic service area. If the
   parties choose this option, and the party responsible subsequently fails to
   meet the substantial service requirement, only that party's license will be
   subject to forfeiture without further Commission action.

   (ii) For WCS licensees holding authorizations for Block A in the 698–704 MHz
   and 728–734 MHz bands, Block B in the 704–710 MHz and 734–740 MHz bands,
   Block E in the 722–728 MHz band, and Blocks C, C1, or C2 in the 746–757 MHz
   and  776–787  MHz  bands,  the  following  rules apply for purposes of
   implementing the construction requirements set forth in  Sec. 27.14. If either
   the disaggregator or the disaggregatee meets the construction requirements
   set  forth in  Sec. 27.14, then these requirements will be considered to be
   satisfied  for  both  parties.  If  neither  the disaggregator nor the
   disaggregatee meets the construction requirements, then both parties will be
   subject  to  the consequences enumerated in  Sec. 27.14(g) and (h) for this
   failure.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  63 FR 68954 , Dec. 14, 1998;  65 FR 3146 , Jan. 20, 2000;  65 FR 57268 , Sept. 21, 2000;  67 FR 45373 , July 9, 2002;
    69 FR 5715 , Feb. 6, 2004;  72 FR 48848 , Aug. 24, 2007]

   Effective Date Note:   At  72 FR 48848 , Aug. 24, 2007,  Sec. 27.15 was amended by
   revising (d). At  72 FR 67580 , Nov. 29, 2007  Sec. 27.15 was corrected. This text
   contains information collection and recordkeeping requirements and will not
   become effective until approval has been given by the Office of Management
   and Budget.