§ 101.1111   Partitioning and disaggregation.

   (a) Definitions. Disaggregation. The assignment of discrete portions or
   “blocks” of spectrum licensed to a geographic licensee or qualifying entity.

   Partitioning.  The  assignment  of geographic portions of a licensee's
   authorized service area along geopolitical or other boundaries.

   (b)  Eligibility.  (1)  Parties  seeking approval for partitioning and
   disaggregation shall request an authorization for partial assignment of a
   license pursuant to § 101.53. Parties shall submit the forms set forth in
   § 101.15(e).

   (2) Licensees may apply to partition their licensed geographic service area
   or disaggregate their licensed spectrum at any time following the grant of
   their licenses.

   (c) Technical standards—(1) Partitioning. In the case of partitioning,
   requests for authorization for partial assignment of a license must include,
   as  an  attachment, a description of the partitioned service area. The
   partitioned service area shall be defined by coordinate points at every 3
   degrees along the partitioned service area unless an FCC recognized service
   area is utilized (i.e., Major Trading Area, Basic Trading Area, Metropolitan
   Service Area, Rural Service Area or Economic Area) 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. In such partitioning cases where an
   unjust  enrichment  payment  is  owed  the Commission, the request for
   authorization  for partial assignment of a license must include, as an
   attachment, a calculation of the population of the partitioned service area
   and the licensed geographic service area.

   (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.

   (d) 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 § 101.67 of this chapter.

   (e)  Construction  requirements.  Applications requesting approval for
   partitioning or disaggregation must include a certification by each party
   that it will satisfy the construction requirement set forth in § 101.1011 of
   this  chapter.  Failure by a party to meet its respective construction
   requirement will result in the automatic cancellation of its license without
   further Commission action.

   [ 63 FR 26507 , May 13, 1998]

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