Goto Section: 101.55 | 101.61 | Table of Contents
FCC 101.56
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 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.
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Goto Section: 101.55 | 101.61
Goto Year: 2011 |
2013
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