Goto Section: 101.1413 | 101.1417 | Table of Contents
FCC 101.1415
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 101.1415 Partitioning and disaggregation.
(a) MVDDS licensees are permitted to partition licensed geographic areas
along county borders (Parishes in Louisiana or Territories in Alaska).
Disaggregation will not be permitted by MVDDS licensees in the 12.2-12.7 GHz
band. “Partitioning” is the assignment of geographic portions of a license
along geopolitical or other boundaries. “Disaggregation” is the assignment
of discrete portions or “blocks” of spectrum licensed to a geographic
licensee or qualifying entity.
(b) Eligibility. (1) Parties seeking approval for partitioning shall request
from the Commission an authorization for partial assignment of a license
pursuant to § 1.948 of this chapter.
(2) MVDDS licensees may apply to the Commission to partition their licensed
geographic service areas to eligible entities and are free to partition
their licensed spectrum at any time following the grant of a license.
(3) Any existing frequency coordination agreements shall convey with the
assignment of the geographic area or spectrum, and shall remain in effect
for the term of the agreement unless new agreements are reached.
(c) Technical standards. (1) 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.
(2) 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).
(d) Unjust enrichment. 12 GHz licensees that received a bidding credit and
partition their licenses to entities not meeting the eligibility standards
for such a bidding credit, will be subject to the provisions concerning
unjust enrichment as set forth in § 1.2111 of this chapter.
(e) License term. The MVDDS license term is ten years, beginning on the date
of the initial authorization grant. The license term for a partitioned
license area shall be the remainder of the original licensee's license term
as provided for in § 101.1413.
(f) Construction requirements. Applications requesting approval for
partitioning must include a certification by each party stating that one or
both parties will satisfy the construction requirement set forth in
§ 101.1413. Failure by a party to meet its respective construction
requirement will result in the automatic cancellation of its license without
further Commission action.
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Goto Section: 101.1413 | 101.1417
Goto Year: 2014 |
2016
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