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FCC 95.823
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 95.823 Geographic partitioning and spectrum disaggregation.
(a) Eligibility. Parties seeking Commission approval of geographic
partitioning or spectrum disaggregation of 218-219 MHz Service system
licenses shall request an authorization for partial assignment of
license pursuant to § 1.948 of this chapter.
(b) Technical standards --(1) Partitioning. In the case of
partitioning, requests for authorization of partial assignment of a
license must include, as attachments, a description of the partitioned
service area and a calculation of the population of the partitioned
service area and the licensed geographic service area. 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 ( i.e. Economic Areas) is utilized or county lines are followed.
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.
(2) Disaggregation. Spectrum maybe disaggregated in any amount.
(3) Combined partitioning and disaggregation. The Commission will
consider requests for partial assignments of licenses that propose
combinations of partitioning and disaggregation.
(c) Provisions applicable to designated entities --(1) Parties not
qualified for installment payment plans. (i) When a winning bidder
(partitionor or disaggregator) that elected to pay for its license
through an installment payment plan partitions its license or
disaggregates spectrum to another party (partitionee or disaggregatee)
that would not qualify for an installment payment plan, or elects not
to pay for its share of the license through installment payments, the
outstanding principal balance owed by the partitionor or disaggregator
shall be apportioned according to § 1.2111(e)(3) of this chapter. The
partitionor or disaggregator is responsible for accrued and unpaid
interest through and including the consummation date.
(ii) The partitionee or disaggregatee shall, as a condition of the
approval of the partial assignment application, pay its entire pro rata
amount of the outstanding principal balance on or before the
consummation date. Failure to meet this condition will result in
cancellation of the grant of the partial assignment application.
(iii) The partitionor or disaggregator shall be permitted to continue
to pay its pro rata share of the outstanding balance and, if
applicable, shall receive loan documents evidencing the partitioning
and disaggregation. The original interest rate, established pursuant to
§ 1.2110(g)(3)(i) of this chapter at the time of the grant of the
initial license in the market, shall continue to be applied to the
partitionor's or disaggregator's portion of the remaining government
obligation.
(iv) A default on the partitionor's or disaggregator's payment
obligation will affect only the partitionor's or disaggregator's
portion of the market.
(2) Parties qualified for installment payment plans.
(i) Where both parties to a partitioning or disaggregation agreement
qualify for installment payments, the partitionee or disaggregatee will
be permitted to make installment payments on its portion of the
remaining government obligation.
(ii) Each party may be required, as a condition to approval of the
partial assignment application, to execute loan documents agreeing to
pay its pro rata portion of the outstanding principal balance due, as
apportioned according to § 1.2111(e)(3) of this chapter, based upon the
installment payment terms for which it qualifies under the rules.
Failure by either party to meet this condition will result in the
automatic cancellation of the grant of the partial assignment
application. The interest rate, established pursuant to
§ 1.2110(f)(3)(i) of this chapter at the time of the grant of the
initial license in the market, shall continue to be applied to both
parties' portion of the balance due. Each party will receive a license
for its portion of the partitioned market.
(iii) A default on an obligation will affect only that portion of the
market area held by the defaulting party.
(d) Construction requirements --(1) Partitioning. Partial assignors and
assignees for license partitioning have two options to meet
construction requirements. Under the first option, the partitionor and
partitionee would each certify that they will independently satisfy the
applicable construction requirements set forth in § 95.833 of this part
for their respective partitioned areas. If either licensee failed to
meet its requirement in § 95.833 of this part, only the non-performing
licensee's renewal application would be subject to dismissal. Under the
second option, the partitionor certifies that it has met or will meet
the requirement in § 95.833 of this part for the entire market. If the
partitionor fails to meet the requirement in § 95.833 of this part,
however, only its renewal application would be subject to forfeiture at
renewal.
(2) Disaggregation. Partial assignors and assignees for license
disaggregation have two options to meet construction requirements.
Under the first option, the disaggregator and disaggregatee would
certify that they each will share responsibility for meeting the
applicable construction requirements set forth in § 95.833 of this part
for the geographic service area. If parties choose this option and
either party fails to do so, both licenses would be subject to
forfeiture at renewal. The second option would allow the parties to
agree that either the disaggregator or the disaggregatee would be
responsible for meeting the requirement in § 95.833 of this part for
the geographic service area. If parties choose this option, and the
party responsible for meeting the construction requirement fails to do
so, only the license of the non-performing party would be subject to
forfeiture at renewal.
(3) All applications requesting partial assignments of license for
partitioning or disaggregation must include the above-referenced
certification as to which of the construction options is selected.
(4) Responsible parties must submit supporting documents showing
compliance with the respective construction requirements within the
appropriate construction benchmarks set forth in § 95.833 of this part.
[ 64 FR 59662 , Nov. 3, 1999, as amended at 67 FR 46378 , July 9, 2002]
System Requirements
Goto Section: 95.819 | 95.831
Goto Year: 2010 |
2012
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