Sec.  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  Sec. 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
    Sec. 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  Sec. 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
    Sec. 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]