§  101.535   Geographic partitioning and spectrum aggregation/disaggregation.

   (a) Eligibility. (1) 24 GHz licensees may apply to the Commission to
   partition their licensed geographic service areas to eligible entities
   and are free to determine the portion of their service areas to be
   partitioned. 24 GHz licensees may aggregate or disaggregate their
   licensed spectrum at any time following the grant of a license.

   (2) Any existing frequency coordination agreements shall convey with
   the assignment of the geographic area or spectrum, and shall remain in
   effect unless new agreements are reached.

   (b) Technical standards --(1) Aggregation. There is no limitation on
   the amount of spectrum that a 24 GHz licensee may aggregate.

   (2) Partitioning. In the case of partitioning, applicants and licensees
   must file FCC Form 603 pursuant to § 1.948 of this chapter 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).

   (3) Disaggregation. Spectrum may be disaggregated in any amount. A
   licensee need not retain a minimum amount of spectrum.

   (4) Combined partitioning and disaggregation. The Commission will
   consider requests for partial assignment of licenses that propose
   combinations of partitioning and disaggregation.

   (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 § 101.526.

   (d) Construction requirements. Applications requesting approval for
   partitioning or disaggregation must include a certification by each
   party stating that one or both parties will satisfy the construction
   requirement set forth in § 101.529. Failure by a party to meet its
   respective construction requirement will result in the automatic
   cancellation of its license without further Commission action.

   [ 65 FR 59361 , Oct. 5, 2000, as amended at  67 FR 46379 , July 9, 2002]