§  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 § 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.