§  90.911   Partitioned licenses and disaggregated spectrum.

   (a) Eligibility. Parties seeking approval for partitioning and
   disaggregation shall request an authorization for partial assignment of
   a license pursuant to § 90.153(c).

   (b) Technical standards--(1) Partitioning. In the case of partitioning,
   requests for authorization for partial assignment of a license must
   include, as attachments, a description of the partitioned service area
   and a calculation of the population of the partitioned service area and
   the licensed geographic 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.

   (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.

   (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 as provided for in § § 90.629(a), 90.665(a) or
   90.685(a).

   (d) Construction and channel usage requirements--incumbent licensees.
   Parties seeking to acquire a partitioned license or disaggregated
   spectrum from an incumbent licensee will be required to construct and
   commence "service to subscribers" all facilities acquired through such
   transactions within the original construction deadline for each
   facility as set forth in § § 90.629 and 90.683. Failure to meet the
   individual construction deadline will result in the automatic
   termination of the facility's authorization.

   (e) Certification concerning relocation of incumbent licensees. Parties
   seeking approval of a partitioning or disaggregation agreement pursuant
   to this section must include a certification with their partial
   assignment of license application as to which party will be responsible
   for meeting the incumbent relocation requirements set forth at § 90.699.

   [ 62 FR 41221 , July 31, 1997, as amended at  63 FR 68973 , Dec. 14, 1998;
    67 FR 45377 , July 9, 2002;  82 FR 41549 , Sept. 1, 2017]