§  24.104   Partitioning and disaggregation.

   Nationwide, regional, and MTA licensees may apply to partition their
   authorized geographic service area or disaggregate their authorized
   spectrum at any time following grant of their geographic area
   authorizations.

   (a) Application required. Parties seeking approval for partitioning
   and/or disaggregation shall apply for partial assignment of a license
   pursuant to § 1.948 of this chapter.

   (b) Partitioning. In the case of partitioning, applicants and licensees
   must file FCC Form 603 pursuant to § 1.948 of this chapter and describe
   the partitioned service area on a schedule to the application. The
   partitioned service area shall be defined by up to 120 sets of
   geographic coordinates at points at every 3 degrees azimuth from a
   point within the partitioned service area along the partitioned service
   area boundary unless either an FCC-recognized service area is used (
   e.g. , MEA or EA) or county lines are followed. The geographical
   coordinates must be specified in degrees, minutes, and seconds to the
   nearest second latitude and longitude, and must be based upon the 1983
   North American Datum (NAD83). In the case where FCC-recognized service
   areas or county lines are used, applicants need only list the specific
   area(s) through use of FCC designations or county names that constitute
   the partitioned area.

   (c) Disaggregation. Spectrum may be disaggregated in any amount.

   (d) Combined partitioning and disaggregation. Licensees may apply for
   partial assignment of authorizations that propose combinations of
   partitioning and disaggregation.

   (e) 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 § 1.955 of this chapter.

   (f) Coverage requirements for partitioning. (1) Parties to a
   partitioning agreement must satisfy at least one of the following
   requirements:

   (i) The partitionee must satisfy the applicable coverage requirements
   set forth in § 24.103 for the partitioned license area; or

   (ii) The original licensee must meet the coverage requirements set
   forth in § 24.103 for the entire geographic area. In this case, the
   partitionee must meet only the requirements for renewal of its
   authorization for the partitioned license area.

   (2) Parties seeking authority to partition must submit with their
   partial assignment application a certification signed by both parties
   stating which of the options they select.

   (3) Partitionees must submit supporting documents showing compliance
   with their coverage requirements as set forth in § 24.103.

   (4) Failure by any partitionee to meet its coverage requirements will
   result in automatic cancellation of the partitioned authorization
   without further Commission action.

   (g) Coverage requirements for disaggregation. (1) Parties to a
   disaggregation agreement must satisfy at least one of the following
   requirements:

   (i) Either the disaggregator or disaggregatee must satisfy the coverage
   requirements set forth in § 24.103 for the entire license area; or

   (ii) Parties must agree to share responsibility for meeting the
   coverage requirements set forth in § 24.103 for the entire license
   area.

   (2) Parties seeking authority to disaggregate must submit with their
   partial assignment application a certification signed by both parties
   stating which of the requirements they select.

   (3) Disaggregatees must submit supporting documents showing compliance
   with their coverage requirements as set forth in § 24.103.

   (4) Parties that accept responsibility for meeting the coverage
   requirements and later fail to do so will be subject to automatic
   license cancellation without further Commission action.

   [ 65 FR 35853 , June 6, 2000]

   Effective Date Note:   At  65 FR 35853 , June 6, 2000, § 24.104 was
   added. This section contains information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.