Goto Section: 80.59 | 80.61 | Table of Contents
FCC 80.60
Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 80.60 Partitioned licenses and disaggregated spectrum.
(a) Except as specified in Sec. 20.15(c) of this chapter with respect to
commercial mobile radio service providers, charges must not be made for
service of:
(1) VHF Public Coast area licensees, see Sec. 80.371(c)(1)(ii), may partition
their geographic service area or disaggregate their spectrum pursuant to the
procedures set forth in this section.
(2) AMTS geographic area licensees, see Sec. 80.385(a)(3), may partition their
geographic service area or disaggregate their spectrum pursuant to the
procedures set forth in this section. Site-based AMTS public coast station
licensees may partition their license or disaggregate their spectrum
pursuant to the procedures set forth in this section, provided that the
partitionee or disaggregatee's predicted 38 dBu signal level contour does
not extend beyond the partitioner or disaggregator's predicted 38 dBu signal
level contour. The predicted 38 dBu signal level contours shall be
calculated using the F(50, 50) field strength chart for Channels 7–13 in
Sec. 73.699 (Fig. 10) of this chapter, with a 9 dB correction for antenna height
differential.
(3) Nationwide or multi-region LF, MF, and HF public coast station
licensees, see Sec. Sec. 80.357(b)(1), 80.361(a), 80.363(a)(2), 80.371(b), and
80.374, may partition their spectrum pursuant to the procedures set forth in
this section, except that frequencies or frequency pairs licensed to more
than one licensee as of March 13, 2002 may be partitioned only by the
earliest licensee, and only on the condition that the partitionee shall
operate on a secondary, non-interference basis to stations licensed as of
March 13, 2002 other than the earliest licensee. Coordination with
government users is required for partitioning of spectrum the licensing of
which is subject to coordination with government users.
(b) Technical standards —(1) Partitioning. In the case of partitioning, all
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 (e.g., Metropolitan Service Area, Rural Service Area, or
Economic Area) or county lines are used. 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 a 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. VHF (156–162 MHz) spectrum may only be disaggregated
according to frequency pairs. AMTS 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.
(c) License term. The license term for a partitioned license area and for
disaggregated spectrum shall be the remainder of the original licensee's
term as provided for in Sec. 80.25 of this part.
(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 substantial service
requirement for their respective partitioned areas. If either licensee
failed to meet its substantial service showing requirement, only the
non-performing licensee's renewal application would be subject to dismissal.
Under the second option, the partitioner certifies that it has met or will
meet the substantial service requirement for the entire market. If the
partitioner fails to meet the substantial service standard, 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 substantial service
requirement 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 substantial service requirement 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
nonperforming party would be subject to forfeiture at renewal.
(3) Site-based AMTS, and nationwide or multi-region LF, MF, and HF public
coast. Parties seeking to acquire a partitioned license or disaggregated
spectrum from a site-based AMTS, or nationwide or multi-region LF, MF, and
HF public coast licensee will be required to construct and commence “service
to subscribers” in all facilities acquired through such transactions within
the original construction deadline for each facility as set forth in Sec. 80.49.
Failure to meet the individual construction deadline will result in the
automatic termination of the facility's authorization.
[ 63 FR 40063 , July 27, 1998, as amended at 67 FR 48563 , July 25, 2002; 69 FR 64671 , Nov. 8, 2004]
Subpart C—Operating Requirements and Procedures
Station Requirements—General
Goto Section: 80.59 | 80.61
Goto Year: 2006 |
2008
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