§  101.1111   Partitioning and disaggregation.

   (a) Definitions. Disaggregation. The assignment of discrete portions or
   "blocks" of spectrum licensed to a geographic licensee or qualifying
   entity.

   Partitioning. The assignment of geographic portions of a licensee's
   authorized service area along geopolitical or other boundaries.

   (b) Eligibility. (1) Parties seeking approval for partitioning and
   disaggregation shall request an authorization for partial assignment of
   a license pursuant to § 101.53. Parties shall submit the forms set
   forth in § 101.15(e).

   (2) Licensees may apply to partition their licensed geographic service
   area or disaggregate their licensed spectrum at any time following the
   grant of their licenses.

   (c) Technical standards --(1) Partitioning. In the case of
   partitioning, 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 ( 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. In such
   partitioning cases where an unjust enrichment payment is owed the
   Commission, the request for authorization for partial assignment of a
   license must include, as an attachment, a calculation of the population
   of the partitioned service area and the licensed geographic service
   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.

   (d) 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 § 101.67 of this chapter.

   (e) Construction requirements. Applications requesting approval for
   partitioning or disaggregation must include a certification by each
   party that it will satisfy the construction requirement set forth in
   § 101.1011 of this chapter. Failure by a party to meet its respective
   construction requirement will result in the automatic cancellation of
   its license without further Commission action.

   [ 63 FR 26507 , May 13, 1998]