§  90.365   Partitioned licenses and disaggregated spectrum.

   (a) Eligibility. (1) Party seeking approval for partitioning and
   disaggregation shall request an authorization pursuant to § 1.948 of
   this chapter.

   (2) Multilateration LMS licensees may apply to partition their licensed
   geographic service area or disaggregate their licensed spectrum at any
   time following the grant of their licenses. Multilateration LMS
   licensees may partition or disaggregate to any party that is also
   eligible to be a multilateration LMS licensee. Partitioning is
   permitted along any service area defined by the parties, and spectrum
   may be disaggregated in any amount. The Commission will also consider
   requests for partial assignment of licenses that propose combinations
   of partitioning and disaggregation.

   (b) Partitioning. In the case of partitioning, applicants and licensees
   must file FCC Form 603 pursuant to § 1.948 and list the partitioned
   service area on a schedule to the application. 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).

   (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.

   (d) Construction requirements --(1) Requirements for partitioning. (i)
   Parties seeking authority to partition must meet one of the following
   construction requirements:

   (A) The partitionee may certify that it will satisfy the applicable
   construction requirements for the partitioned license area; or

   (B) The original licensee may certify that it has or will meet the
   construction requirement for the entire license area.

   (ii) Failure by any partitionee to meet its respective construction
   requirements will result in the automatic cancellation of the
   partitioned or disaggregated license without further Commission action.

   (2) Requirements for disaggregation. Parties seeking authority to
   disaggregate spectrum must certify in FCC Form 601 which of the parties
   will be responsible for meeting the five-year and ten-year construction
   requirements for the particular market.

   [ 63 FR 40663 , July 30, 1998, as amended at  63 FR 68966 , Dec. 14, 1998]

Regulations Governing the Licensing and Use of Frequencies in the 5850-5925
MHz Band for Dedicated Short-Range Communications Service (DSRCS)