Goto Section: 27.14 | 27.16 | Table of Contents
FCC 27.15
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 27.15 Geographic partitioning and spectrum disaggregation.
(a) Eligibility. (1) Parties seeking approval for partitioning and
disaggregation shall request from the Commission an authorization for
partial assignment of a license pursuant to § 1.948.
(2) AWS and WCS licensees may apply to partition their licensed
geographic service area or disaggregate their licensed spectrum at any
time following the grant of their licenses.
(b) Technical Standards --(1) Partitioning. In the case of
partitioning, applicants and licensees must file FCC Form 603 pursuant
to section 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).
(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.
(4) Signal levels. For purposes of partitioning and disaggregation,
part 27 systems must be designed so as not to exceed the signal level
specified for the particular spectrum block in § 27.55 at the
licensee's service area boundary, unless the affected adjacent service
area licensees have agreed to a different signal level.
(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 § 27.13.
(d) Compliance with construction requirements --(1) Partitioning. (i)
Except for WCS licensees holding authorizations for Block A in the
698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and
734-740 MHz bands, Block E in the 722-728 MHz band, Blocks C, C1, or C2
in the 746-757 MHz and 776-787 MHz bands, or Block D in the 758-763 MHz
and 788-793 MHz bands, the following rules apply to WCS and AWS
licensees holding authorizations for purposes of implementing the
construction requirements set forth in § 27.14. Parties to partitioning
agreements have two options for satisfying the construction
requirements set forth in § 27.14. Under the first option, the
partitioner and partitionee each certifies that it will independently
satisfy the substantial service requirement for its respective
partitioned area. If a licensee subsequently fails to meet its
substantial service requirement, its license will be subject to
automatic cancellation without further Commission action. Under the
section option, the partitioner certifies that it has met or will meet
the substantial service requirement for the entire, pre-partitioned
geographic service area. If the partitioner subsequently fails to meet
its substantial service requirement, only its license will be subject
to automatic cancellation without further Commission action.
(ii) For WCS licensees holding authorizations for Block A in the
698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and
734-740 MHz bands, Block E in the 722-728 MHz band, or Blocks C, C1,
and C2 in the 746-757 MHz and 776-787 MHz bands, the following rules
apply for purposes of implementing the construction requirements set
forth in § 27.14. Parties to partitioning agreements have two options
for satisfying the construction requirements set forth in § 27.14.
Under the first option, the partitioner and partitionee each certifies
that they will collectively share responsibility for meeting the
construction requirement for the entire pre-partition geographic
license area. If the partitioner and partitionee collectively fail to
meet the construction requirement, then both the partitioner and
partitionee will be subject to the consequences enumerated in
§ 27.14(g) and (h) for this failure. Under the second option, the
partitioner and partitionee each certifies that it will independently
meet the construction requirement for its respective partitioned
license area. If the partitioner or partitionee fails to meet the
construction requirement for its respective partitioned license area,
then the consequences for this failure shall be those enumerated in
§ 27.14(g) and (h).
(2) Disaggregation . (i) Except for WCS licensees holding
authorizations for Block A in the 698-704 MHz and 728-734 MHz bands,
Block B in the 704-710 MHz and 734-740 MHz bands, Block E in the
722-728 MHz band, Blocks C, C1, or C2 in the 746-757 MHz and 776-787
MHz bands, or Block D in the 758-763 MHz and 788-793 MHz bands, the
following rules apply to WCS and AWS licensees holding authorizations
for purposes of implementing the construction requirements set forth in
§ 27.14. Parties to disaggregation agreements have two options for
satisfying the construction requirements set forth in § 27.14. Under
the first option, the disaggregator and disaggregatee each certifies
that it will share responsibility for meeting the substantial service
requirement for the geographic service area. If the parties choose this
option and either party subsequently fails to satisfy its substantial
service responsibility, both parties' licenses will be subject to
forfeiture without further Commission action. Under the second option,
both parties certify either that the disaggregator or the disaggregatee
will meet the substantial service requirement for the geographic
service area. If the parties choose this option, and the party
responsible subsequently fails to meet the substantial service
requirement, only that party's license will be subject to forfeiture
without further Commission action.
(ii) For WCS licensees holding authorizations for Block A in the
698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and
734-740 MHz bands, Block E in the 722-728 MHz band, and Blocks C, C1,
or C2 in the 746-757 MHz and 776-787 MHz bands, the following rules
apply for purposes of implementing the construction requirements set
forth in § 27.14. If either the disaggregator or the disaggregatee
meets the construction requirements set forth in § 27.14, then these
requirements will be considered to be satisfied for both parties. If
neither the disaggregator nor the disaggregatee meets the construction
requirements, then both parties will be subject to the consequences
enumerated in § 27.14(g) and (h) for this failure.
[ 62 FR 9658 , Mar. 3, 1997, as amended at 63 FR 68954 , Dec. 14, 1998; 65 FR 3146 , Jan. 20, 2000; 65 FR 57268 , Sept. 21, 2000; 67 FR 45373 , July
9, 2002; 69 FR 5715 , Feb. 6, 2004; 72 FR 48848 , Aug. 24, 2007]
Effective Date Note: At 72 FR 48848 , Aug. 24, 2007, § 27.15 was
amended by revising (d). At 72 FR 67580 , Nov. 29, 2007 § 27.15 was
corrected. This text contains information collection and recordkeeping
requirements and will not become effective until approval has been
given by the Office of Management and Budget.
Goto Section: 27.14 | 27.16
Goto Year: 2010 |
2012
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