Goto Section: 101.55 | 101.61 | Table of Contents
FCC 101.56
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 101.56 Partitioned service areas (PSAs) and disaggregated spectrum.
(a)(1) The holder of an EA authorization to provide service pursuant to the
competitive bidding process and any incumbent licensee of rectangular
service areas in the 38.6–40.0 GHz band may enter into agreements with
eligible parties to partition any portion of its service area as defined by
the partitioner and partitionee. Alternatively, licensees may enter into
agreements or contracts to disaggregate any portion of spectrum, provided
acquired spectrum is disaggregated according to frequency pairs.
(2)(i) Contracts must be filed with the Commission within 30 days of the
date that such agreements are reached.
(ii) The contracts must include descriptions of the areas being partitioned
or spectrum disaggregated. The partitioned service area shall be defined by
coordinate points at every 3 seconds along the partitioned service area
unless an FCC recognized service area is utilized (i.e., Metropolitan
Service Area or Rural Service Area) or county lines are followed. If
geographic coordinate points are used, they 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.
(b) The eligibility requirements applicable to EA authorization holders also
apply to those individuals and entities seeking partitioned or disaggregated
spectrum authorizations.
(c) Subsequent to issuance of the authorization for a partitioned service
area, the partitioned area will be treated as a separate protected service
area.
(d)(1) When any area within an EA becomes a partitioned service area, the
remaining counties and geopolitical subdivision within that EA will be
subsequently treated and classified as a partitioned service area.
(2) At the time an EA is partitioned, the Commission shall cancel the EA
authorization initially issued and issue a partitioned service area
authorization to the former EA authorization holder.
(e) At the time a BTA is partitioned, the Commission shall cancel the BTA
authorization initially issued and issue a partitioned service area
authorization to the former BTA authorization holder.
(f) The duties and responsibilities imposed upon EA authorization holders in
this part, apply to those licensees obtaining authorizations by partitioning
or spectrum disaggregation.
(g) The build-out requirements for the partitioned service area or
disaggregated spectrum shall be the same as applied to the EA authorization
holder.
(h) The license term for the partitioned service area or disaggregated
spectrum shall be the remainder of the period that would apply to the EA
authorization holder.
(i) Licensees, including those using bidding credits in a competitive
bidding procedure, shall have the authority to partition service areas or
disaggregate spectrum.
[ 63 FR 6104 , Feb. 6, 1998, as amended at 63 FR 68982 , Dec. 14, 1998; 64 FR 45893 , Aug. 23, 1999; 64 FR 59664 , Nov. 3, 1999; 67 FR 45379 , July 9, 2002]
Editorial Note: At 64 FR 59664 , Nov. 3, 1999, in Sec. 101.56, paragraphs
(d)(1) and (2) were redesignated as (d) and (e); however, paragraph (e)
already exists and the change could not be made.
Goto Section: 101.55 | 101.61
Goto Year: 2007 |
2009
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