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FCC 101.1323
Revised as of October 1, 2014
Goto Year:2013 |
2015
§ 101.1323 Spectrum aggregation, disaggregation, and partitioning.
(a) Eligibility. (1) Parties seeking approval for partitioning and
disaggregation shall request from the Commission an authorization for
partial assignment of license. Geographic area licensees may
participate in aggregation, disaggregation, and partitioning within the
bands licensed on a geographic area basis. Site-based licensees may
aggregate spectrum in any MAS bands, but may not disaggregate their
licensed spectrum or partition their licensed sites.
(2) Eligible MAS licensees may apply to the Commission to partition
their licensed geographic service areas to eligible entities and are
free to determine the portion of their service areas to be partitioned.
Eligible MAS licensees may aggregate or disaggregate their licensed
spectrum at any time following the grant of a license.
(b) Technical standards--(1) Aggregation. (i) There is no limitation on
the amount of spectrum that an MAS licensee may aggregate.
(ii) Spectrum licensed to MAS licensees does not count toward the CMRS
spectrum cap discussed in § 20.6 of this chapter.
(2) Disaggregation. Spectrum may be disaggregated in any amount. A
licensee need not retain a minimum amount of spectrum.
(3) Partitioning. In the case of partitioning, applicants and licensees
must file FCC Form 603 pursuant to § 1.948 of this chapter 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).
(4) Combined partitioning and disaggregation. The Commission will
consider requests from geographic area licensees for partial assignment
of licenses that propose combinations of partitioning and
disaggregation.
(c) Construction requirements--(1) Disaggregation. Partial assignors
and assignees for license disaggregation have two options to meet
construction requirements. Under the first option, the disaggregator
and disaggregatee would certify that they each will share
responsibility for meeting the applicable construction requirements set
forth in § 101.1325 for the geographic service area. If parties choose
this option and either party fails to meet the applicable construction
requirements, both licenses would be subject to forfeiture at renewal.
The second option allows the parties to agree that either the
disaggregator or disaggregatee would be responsible for meeting the
requirements in § 101.1325 for the geographic service area. If parties
choose this option, and the party responsible for meeting the
construction requirement fails to do so, only the license of the
non-performing party would be subject to forfeiture at renewal.
(2) Partitioning. Partial assignors and assignees for license
partitioning have two options to meet construction requirements. Under
the first option, the partitionor and partitionee would each certify
that they will independently satisfy the applicable construction
requirements set forth in § 101.1325 for their respective partitioned
areas. If either licensee fails to meet its requirement in § 101.1325,
only the non-performing licensee's renewal application would be subject
to dismissal. Under the second option, the partitionor certifies that
it has met or will meet the requirement in § 101.1325 for the entire
market. If the partitionor fails to meet the requirement in § 101.1325,
however, only its license would be subject to forfeiture at renewal.
(3) All applications requesting partial assignments of license for
partitioning or disaggregation must certify in the appropriate portion
of the application which construction option is selected.
(4) Responsible parties must submit supporting documents showing
compliance with the respective construction requirements within the
appropriate construction benchmarks set forth in § 101.1325.
(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 § 101.1313.
[ 65 FR 17450 , Apr. 3, 2000, as amended at 67 FR 45380 , July 9, 2002]
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Goto Section: 101.1321 | 101.1325
Goto Year: 2013 |
2015
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