§ 101.1111   Partitioning and disaggregation.

   (a) Definitions. Disaggregation. The assignment of discrete portions or
   "blocks" of spectrum licensed to a geographic licensee or qualifying
   entity.

   Partitioning. The assignment of geographic portions of a licensee's
   authorized service area along geopolitical or other boundaries.

   (b) Eligibility. (1) Parties seeking approval for partitioning and
   disaggregation shall request an authorization for partial assignment of
   a license pursuant to § 101.53. Parties shall submit the forms set
   forth in § 101.15(e).

   (2) Licensees may apply to partition their licensed geographic service
   area or disaggregate their licensed spectrum at any time following the
   grant of their licenses.

   (c) Technical standards--(1) Partitioning. In the case of partitioning,
   requests for authorization for partial assignment of a license must
   include, as an attachment, a description of the partitioned 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. In such partitioning cases where an
   unjust enrichment payment is owed the Commission, the request for
   authorization for partial assignment of a license must include, as an
   attachment, a calculation of the population of the partitioned service
   area and the licensed geographic service 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.

   (d) 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 § 101.67 of this chapter.

   (e) Construction requirements. Applications requesting approval for
   partitioning or disaggregation must include a certification by each
   party that it will satisfy the construction requirement set forth in
   § 101.1011 of this chapter. Failure by a party to meet its respective
   construction requirement will result in the automatic cancellation of
   its license without further Commission action.

   [ 63 FR 26507 , May 13, 1998]

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