Goto Section: 90.910 | 90.912 | Table of Contents
FCC 90.911
Revised as of October 1, 2008
Goto Year:2007 |
2009
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]
Goto Section: 90.910 | 90.912
Goto Year: 2007 |
2009
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