§  90.1019   Eligibility for partitioned licenses.

   (a) Eligibility. Parties seeking approval for partitioning and
   disaggregation shall request authorization for partial assignment of a
   license pursuant to § 1.948 of this chapter. The Commission will
   consider applications that propose combinations of partitioning and
   disaggregation.

   (1) Phase I non-nationwide licensees may apply to partition their
   licensed geographic service area or disaggregate their licensed
   spectrum after constructing their systems and placing their in
   operation or commencing service in accordance with the provisions in
   § 90.725(f) of this part.

   (2) Phase I nationwide licensees may apply to partition their licensed
   geographic service area or disaggregate their licensed spectrum after
   constructing at least 40 percent of the geographic areas designated in
   their applications in accordance with the provisions in § 90.725(a) of
   this part.

   (3) Phase II licensees may apply to partition their licensed geographic
   service area or disaggregate their licensed spectrum at any time
   following the grant of their licenses.

   (4) Phase I and Phase II licensees authorized to operate on Channels
   161 through 170 or Channels 181 through 185 are not eligible to
   partition their geographic service area or disaggregate their licensed
   spectrum.

   (b) Partitioning. In the case of partitioning, applicants and licensees
   must file FCC Form 603 pursuant to § 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). 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.

   (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.

   (d) Construction requirements. (1) Requirements for partitioning.
   Parties seeking authority to partition must meet one of the following
   construction requirements:

   (i) The partitionee may certify that it will satisfy the applicable
   construction requirements set forth in § § 90.767 or 90.769 of this part,
   as applicable, for the partitioned license area; or

   (ii) The original licensee may certify that it has or will meet its
   five-year construction requirement and will meet the ten-year
   construction requirement, as set forth in § § 90.767 or 90.769 of this
   part, as applicable, for the entire license area. In that case, the
   partitionee must only satisfy the requirements for “substantial
   service,” as set forth in § 90.743(a)(1) of this part, for the
   partitioned license area by the end of the original ten-year license
   term of the licensee.

   (iii) Failure by any partitionee to meet its respective construction
   requirements will result in the automatic cancellation of the
   partitioned license without further Commission action ( see § 1.946).

   (2) Requirements for disaggregation. Parties seeking authority to
   disaggregate spectrum must certify in FCC Form 601 which of the parties
   will be responsible for meeting the five-year and ten-year construction
   requirements for the particular market as set forth in § 90.767 or
   § 90.769, as applicable. Parties may agree to share responsibility for
   meeting the construction requirements. If one party accepts
   responsibility for meeting the construction requirements and later
   fails to do so, then its license will cancel automatically without
   further Commission action. If both parties accept responsibility for
   meeting the construction requirements and later fail to do so, then
   both their licenses will cancel automatically without further
   Commission action.

   [ 63 FR 49295 , Sept. 15, 1998, as amended at  63 FR 68973 , Dec. 14, 1998;
    65 FR 39560 , June 27, 2000]