Goto Section: 90.910 | 90.912 | Table of Contents
FCC 90.911
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 90.911 Partitioned licenses and disaggregated spectrum.
(a) Eligibility. Parties seeking approval for partitioning and
disaggregation shall request an authorization for partial assignment of
a license pursuant to § 90.153(c).
(b) Technical standards —(1) Partitioning. In the case of partitioning,
requests for authorization for partial assignment of a license must
include, as attachments, a description of the partitioned service area
and a calculation of the population of the partitioned service area and
the licensed geographic service area. The partitioned service area
shall be defined by coordinate points at every 3 degrees along the
partitioned service area unless an FCC recognized service area is
utilized ( i.e., Major Trading Area, Basic Trading Area, Metropolitan
Service Area, Rural Service Area or Economic Area) or county lines are
followed. 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). 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.
(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.
(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 § § 90.629(a), 90.665(a) or
90.685(a).
(d) Construction and channel usage requirements—incumbent licensees.
Parties seeking to acquire a partitioned license or disaggregated
spectrum from an incumbent licensee will be required to construct and
commence “service to subscribers” all facilities acquired through such
transactions within the original construction deadline for each
facility as set forth in § § 90.629 and 90.683. Failure to meet the
individual construction deadline will result in the automatic
termination of the facility's authorization.
(e) Construction and channel usage requirements—EA licensees —(1)
Licensees in channel blocks A, B and C —(i) Requirements for
partitioning. (A) The partitionee may certify that it will satisfy the
applicable construction requirements set forth in § 90.685(c) for the
partitioned license area; or
(B) The original licensee may certify that it has or will meet the
three and five year construction requirements set forth in § 90.685(c)
for the entire market.
(C) Applications requesting partial assignments of license for
partitioning must include a certification by each party as to which of
the above options they select.
(D) Partitionees must submit supporting documents showing compliance
with the respective construction requirements within the appropriate
time frames set forth in § 90.685(c).
(E) Failure by any partitionee to meet its respective construction
requirements will result in the automatic cancellation of the
partitioned license without further Commission action.
(ii) Requirements for disaggregation. Parties seeking authority to
disaggregate spectrum from an EA licensee in Spectrum Blocks A, B and C
must meet one of the following channel use requirements:
(A) The partitionee may certify that it will satisfy the channel usage
requirements set forth in § 90.685(d) for the disaggregated spectrum;
or
(B) The original licensee may certify that it has or will meet the
channel usage requirements as set forth in § 90.685(d) for the entire
spectrum block. In that case, the disaggregatee must only satisfy the
requirements for “substantial service,” as set forth in § 90.685(c),
for the disaggregated spectrum within five years of the license grant.
(C) Applications requesting partial assignments of license for
disaggregation must include a certification by each party as to which
of the above options they select.
(D) Disaggregatees must submit supporting documents showing compliance
with the respective channel usage requirements within the appropriate
time frames set forth in § 90.685(c).
(E) Failure by any disaggregatee to meet its respective channel usage
requirements will result in the automatic cancellation of the
disaggregated license without further Commission action.
(2) Licensees in channel blocks D through V —(i) Requirements for
partitioning. Parties seeking authority to partition an EA license must
meet one of the following construction requirements:
(A) The partitionee may certify that it will satisfy the applicable
construction requirements set forth in § 90.685(c) for the partitioned
license area; or
(B) The original licensee may certify that it has or will meet the
construction requirements set forth in § 90.685(c) for the entire
market.
(C) Applications requesting partial assignments of license for
partitioning must include a certification by each party as to which of
the above options they select.
(D) Partitionees must submit supporting documents showing compliance
with the respective construction requirements within the appropriate
time frames set forth in § 90.685(c).
(E) Failure by any partitionee to meet its respective construction
requirements will result in the automatic cancellation of the
partitioned license without further Commission action.
(ii) Requirements for disaggregation. Parties seeking authority to
disaggregate must submit with their partial assignment application a
certification signed by both parties stating which of the parties will
be responsible for meeting the construction requirements for the market
as set forth in § 90.685. Parties may agree to share responsibility for
meeting the construction requirements. Parties that accept
responsibility for meeting the construction requirements and later fail
to do so will be subject to license forfeiture without further
Commission action.
(f) Certification concerning relocation of incumbent licensees. Parties
seeking approval of a partitioning or disaggregation agreement pursuant
to this section must include a certification with their partial
assignment of license application as to which party will be responsible
for meeting the incumbent relocation requirements set forth at
§ 90.699.
[ 62 FR 41221 , July 31, 1997, as amended at 63 FR 68973 , Dec. 14, 1998;
67 FR 45377 , July 9, 2002]
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Goto Section: 90.910 | 90.912
Goto Year: 2011 |
2013
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