§  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. 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;  82 FR 41549 , Sept. 1, 2017]

   

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