Sec.  90.911   Partitioned licenses and disaggregated spectrum.

   (a)   Eligibility.  Parties  seeking  approval  for  partitioning  and
   disaggregation shall request an authorization for partial assignment of a
   license pursuant to  Sec. 90.153(c).

   (b) Technical standards —(1) Partitioning. In the case of partitioning,
   requests for authorization for partial assignment of a license must include,
   as  attachments,  a  description of the partitioned service area and a
   calculation  of the population of the partitioned service area and the
   licensed geographic 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.

   (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.

   (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.  Sec. 90.629(a), 90.665(a) or 90.685(a).

   (d) Construction and channel usage requirements—incumbent licensees. Parties
   seeking to acquire a partitioned license or disaggregated spectrum from an
   incumbent licensee will be required to construct and commence “service to
   subscribers” all facilities acquired through such transactions within the
   original construction deadline for each facility as set forth in  Sec.  Sec. 90.629
   and 90.683. Failure to meet the individual construction deadline will result
   in the automatic termination of the facility's authorization.

   (e) Construction and channel usage requirements—EA licensees —(1) Licensees
   in channel blocks A, B and C —(i) Requirements for partitioning. (A) The
   partitionee may certify that it will satisfy the applicable construction
   requirements set forth in  Sec. 90.685(c) for the partitioned license area; or

   (B) The original licensee may certify that it has or will meet the three and
   five year construction requirements set forth in  Sec. 90.685(c) for the entire
   market.

   (C) Applications requesting partial assignments of license for partitioning
   must include a certification by each party as to which of the above options
   they select.

   (D) Partitionees must submit supporting documents showing compliance with
   the respective construction requirements within the appropriate time frames
   set forth in  Sec. 90.685(c).

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

   (ii)  Requirements  for  disaggregation.  Parties seeking authority to
   disaggregate spectrum from an EA licensee in Spectrum Blocks A, B and C must
   meet one of the following channel use requirements:

   (A) The partitionee may certify that it will satisfy the channel usage
   requirements set forth in  Sec. 90.685(d) for the disaggregated spectrum; or

   (B) The original licensee may certify that it has or will meet the channel
   usage requirements as set forth in  Sec. 90.685(d) for the entire spectrum block.
   In that case, the disaggregatee must only satisfy the requirements for
   “substantial service,” as set forth in  Sec. 90.685(c), for the disaggregated
   spectrum within five years of the license grant.

   (C)   Applications  requesting  partial  assignments  of  license  for
   disaggregation must include a certification by each party as to which of the
   above options they select.

   (D) Disaggregatees must submit supporting documents showing compliance with
   the respective channel usage requirements within the appropriate time frames
   set forth in  Sec. 90.685(c).

   (E)  Failure by any disaggregatee to meet its respective channel usage
   requirements will result in the automatic cancellation of the disaggregated
   license without further Commission action.

   (2)  Licensees  in  channel  blocks  D through V —(i) Requirements for
   partitioning. Parties seeking authority to partition an EA license must meet
   one of the following construction requirements:

   (A)  The  partitionee  may certify that it will satisfy the applicable
   construction  requirements set forth in  Sec. 90.685(c) for the partitioned
   license area; or

   (B)  The  original  licensee  may certify that it has or will meet the
   construction requirements set forth in  Sec. 90.685(c) for the entire market.

   (C) Applications requesting partial assignments of license for partitioning
   must include a certification by each party as to which of the above options
   they select.

   (D) Partitionees must submit supporting documents showing compliance with
   the respective construction requirements within the appropriate time frames
   set forth in  Sec. 90.685(c).

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

   (ii)  Requirements  for  disaggregation.  Parties seeking authority to
   disaggregate  must  submit with their partial assignment application a
   certification signed by both parties stating which of the parties will be
   responsible for meeting the construction requirements for the market as set
   forth in  Sec. 90.685. Parties may agree to share responsibility for meeting the
   construction requirements. Parties that accept responsibility for meeting
   the construction requirements and later fail to do so will be subject to
   license forfeiture without further Commission action.

   (f) Certification concerning relocation of incumbent licensees. Parties
   seeking approval of a partitioning or disaggregation agreement pursuant to
   this section must include a certification with their partial assignment of
   license application as to which party will be responsible for meeting the
   incumbent relocation requirements set forth at  Sec. 90.699.

   [ 62 FR 41221 , July 31, 1997, as amended at  63 FR 68973 , Dec. 14, 1998;  67 FR 45377 , July 9, 2002]