Sec.  90.365   Partitioned licenses and disaggregated spectrum.

   (a)  Eligibility.  (1)  Party  seeking  approval  for partitioning and
   disaggregation shall request an authorization pursuant to  Sec. 1.948 of this
   chapter.

   (2) Multilateration LMS licensees may apply to partition their licensed
   geographic service area or disaggregate their licensed spectrum at any time
   following the grant of their licenses. Multilateration LMS licensees may
   partition  or  disaggregate to any party that is also eligible to be a
   multilateration LMS licensee. Partitioning is permitted along any service
   area  defined by the parties, and spectrum may be disaggregated in any
   amount. The Commission will also consider requests for partial assignment of
   licenses that propose combinations of partitioning and disaggregation.

   (b) Partitioning. In the case of partitioning, applicants and licensees must
   file FCC Form 603 pursuant to  Sec. 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).

   (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.

   (d)  Construction requirements —(1) Requirements for partitioning. (i)
   Parties  seeking authority to partition must meet one of the following
   construction requirements:

   (A)  The  partitionee  may certify that it will satisfy the applicable
   construction requirements for the partitioned license area; or

   (B)  The  original  licensee  may certify that it has or will meet the
   construction requirement for the entire license area.

   (ii)  Failure  by  any partitionee to meet its respective construction
   requirements will result in the automatic cancellation of the partitioned or
   disaggregated license without further Commission action.

   (2)  Requirements  for  disaggregation.  Parties  seeking authority to
   disaggregate spectrum must certify in FCC Form 601 which of the parties will
   be  responsible  for  meeting  the five-year and ten-year construction
   requirements for the particular market.

   [ 63 FR 40663 , July 30, 1998, as amended at  63 FR 68966 , Dec. 14, 1998]

Regulations Governing the Licensing and Use of Frequencies in the 5850–5925 MHz
Band for Dedicated Short-Range Communications Service (DSRCS)