Goto Section: 80.59 | 80.61 | Table of Contents
Revised as of October 1, 2020
Goto Year:2019 |
§ 80.60 Partitioned licenses and disaggregated spectrum.
(a) Except as specified in § 20.15(c) of this chapter with respect to
commercial mobile radio service providers, charges must not be made for
(1) VHF Public Coast area licensees, see § 80.371(c)(1)(ii), may
partition their geographic service area or disaggregate their spectrum
pursuant to the procedures set forth in this section.
(2) AMTS geographic area licensees, see § 80.385(a)(3), may partition
their geographic service area or disaggregate their spectrum pursuant
to the procedures set forth in this section. Site-based AMTS public
coast station licensees may partition their license or disaggregate
their spectrum pursuant to the procedures set forth in this section,
provided that the partitionee or disaggregatee's predicted 38 dBu
signal level contour does not extend beyond the partitioner or
disaggregator's predicted 38 dBu signal level contour. The predicted 38
dBu signal level contours shall be calculated using the F(50, 50) field
strength chart for Channels 7-13 in § 73.699 (Fig. 10) of this chapter,
with a 9 dB correction for antenna height differential.
(3) Nationwide or multi-region LF, MF, and HF public coast station
licensees, see § § 80.357(b)(1), 80.361(a), 80.363(a)(2), 80.371(b), and
80.374, may partition their spectrum pursuant to the procedures set
forth in this section, except that frequencies or frequency pairs
licensed to more than one licensee as of March 13, 2002 may be
partitioned only by the earliest licensee, and only on the condition
that the partitionee shall operate on a secondary, non-interference
basis to stations licensed as of March 13, 2002 other than the earliest
licensee. Coordination with government users is required for
partitioning of spectrum the licensing of which is subject to
coordination with government users.
(b) Technical standards--(1) Partitioning. In the case of partitioning,
all 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 (e.g., Metropolitan Service
Area, Rural Service Area, or Economic Area) or county lines are used.
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 a 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. VHF (156-162 MHz) spectrum may only be
disaggregated according to frequency pairs. AMTS 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 term as provided for in § 80.25 of this part.
(d) Partitioning and disaggregation construction requirements for
site-based AMTS, and nationwide or multi-region LF, MF, and HF public
coast. Parties seeking to acquire a partitioned license or
disaggregated spectrum from a site-based AMTS, or nationwide or
multi-region LF, MF, and HF public coast licensee will be required to
construct and commence "service to subscribers" in all facilities
acquired through such transactions within the original construction
deadline for each facility as set forth in § 80.49. Failure to meet the
individual construction deadline will result in the automatic
termination of the facility's authorization.
[ 63 FR 40063 , July 27, 1998, as amended at 67 FR 48563 , July 25, 2002;
69 FR 64671 , Nov. 8, 2004; 82 FR 41548 , Sept. 1, 2017]
Subpart C--Operating Requirements and Procedures
Goto Section: 80.59 | 80.61
Goto Year: 2019 |
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