Goto Section: 90.363 | 90.371 | Table of Contents
FCC 90.365
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 90.365 Partitioned licenses and disaggregated spectrum.
(a) Eligibility. (1) Party seeking approval for partitioning and
disaggregation shall request an authorization pursuant to § 1.948 of this
chapter.
(2) Multilateration LMS licensees may apply to partition their licensed
geographic service area or disaggregate their licensed spectrum at any time
following the grant of their licenses. Multilateration LMS licensees may
partition or disaggregate to any party that is also eligible to be a
multilateration LMS licensee. Partitioning is permitted along any service
area defined by the parties, and spectrum may be disaggregated in any
amount. The Commission will also consider requests for partial assignment of
licenses that propose combinations of partitioning and disaggregation.
(b) Partitioning. In the case of partitioning, applicants and licensees must
file FCC Form 603 pursuant to § 1.948 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).
(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.
(d) Construction requirements—(1) Requirements for partitioning. (i) Parties
seeking authority to partition must meet one of the following construction
requirements:
(A) The partitionee may certify that it will satisfy the applicable
construction requirements for the partitioned license area; or
(B) The original licensee may certify that it has or will meet the
construction requirement for the entire license area.
(ii) Failure by any partitionee to meet its respective construction
requirements will result in the automatic cancellation of the partitioned or
disaggregated license without further Commission action.
(2) Requirements for disaggregation. Parties seeking authority to
disaggregate spectrum must certify in FCC Form 601 which of the parties will
be responsible for meeting the five-year and ten-year construction
requirements for the particular market.
[ 63 FR 40663 , July 30, 1998, as amended at 63 FR 68966 , Dec. 14, 1998]
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Regulations Governing the Licensing and Use of Frequencies in the 5850-5925 MHz
Band for Dedicated Short-Range Communications Service (DSRCS)
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Goto Section: 90.363 | 90.371
Goto Year: 2014 |
2016
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