§  22.948   Partitioning and Disaggregation.

   (a) Eligibility --(1) Generally. Parties seeking approval for
   partitioning and disaggregation shall request an authorization for
   partial assignment of a license pursuant to § 1.948 of this chapter.
   Cellular licensees may partition or disaggregate their spectrum to
   other qualified entities.

   (2) Partitioning. During the five year build-out period, as defined in
   § 22.947, cellular licensees may partition any portion of their
   cellular market to other qualified entities. After the five year
   build-out period, cellular licensees and unserved area licensees may
   partition any portion of their Cellular Geographic Service Area (CGSA),
   as defined by § 22.911, to other qualified entities but may not
   partition unserved portions of their cellular market.

   (3) Disaggregation. After the five year build-out period, as defined in
   § 22.947, parties obtaining disaggregated spectrum may only use such
   spectrum in that portion of the cellular market encompassed by the
   original licensee's CGSA and may not use such spectrum to provide
   service to unserved portions of the cellular market.

   (b) Disaggregation. Cellular licensees and unserved area licensees may
   disaggregate spectrum in any amount.

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

   (d) License Term . The license term for the partitioned license area
   and for disaggregated spectrum shall be the remainder of the original
   cellular licensee's or the unserved area licensee's license term.

   [ 65 FR 37057 , June 13, 2000, as amended at  70 FR 61059 , Oct. 20, 2005]