Sec.  27.15   Geographic partitioning and spectrum disaggregation.

   Link to an amendment published at  72 FR 48848 , Aug. 24, 2007.

   (a)  Eligibility.  (1)  Parties  seeking approval for partitioning and
   disaggregation  shall request from the Commission an authorization for
   partial assignment of a license pursuant to  Sec. 1.948.

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

   (b) Technical Standards —(1) Partitioning. In the case of partitioning,
   applicants and licensees must file FCC Form 603 pursuant to section 1.948
   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).

   (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.

   (4) Signal levels. For purposes of partitioning and disaggregation, part 27
   systems must be designed so as not to exceed the signal level specified for
   the particular spectrum block in  Sec. 27.55 at the licensee's service area
   boundary, unless the affected adjacent service area licensees have agreed to
   a different signal level.

   (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  Sec. 27.13.

   (d) Compliance with construction requirements. The following rules apply for
   purposes of implementing the construction requirements set forth in  Sec. 27.14.

   (1) Partitioning. Parties to partitioning agreements have two options for
   satisfying the construction requirements set forth in  Sec. 27.14. Under the
   first option, the partitioner and partitionee each certifies that it will
   independently satisfy the substantial service requirement for its respective
   partitioned area. If a licensee subsequently fails to meet its substantial
   service requirement, its license will be subject to automatic cancellation
   without further Commission action. Under the second option, the partitioner
   certifies that it has met or will meet the substantial service requirement
   for the entire, pre-partitioned geographic service area. If the partitioner
   subsequently fails to meet its substantial service requirement, only its
   license will be subject to automatic cancellation without further Commission
   action.

   (2) Disaggregation. Parties to disaggregation agreements have two options
   for satisfying the construction requirements set forth in  Sec. 27.14. Under the
   first option, the disaggregator and disaggregatee each certifies that it
   will share responsibility for meeting the substantial service requirement
   for the geographic service area. If the parties choose this option and
   either  party  subsequently  fails  to satisfy its substantial service
   responsibility, both parties' licenses will be subject to forfeiture without
   further Commission action. Under the second option, both parties certify
   either that the disaggregator or the disaggregatee will meet the substantial
   service requirement for the geographic service area. If the parties choose
   this  option, and the party responsible subsequently fails to meet the
   substantial service requirement, only that party's license will be subject
   to forfeiture without further Commission action.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  63 FR 68954 , Dec. 14, 1998;  65 FR 3146 , Jan. 20, 2000;  65 FR 57268 , Sept. 21, 2000;  67 FR 45373 , July 9, 2002;
    69 FR 5715 , Feb. 6, 2004]