Sec. 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 Sec. 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 1927 North American Datum (NAD27). Applicants may 
supply geographical coordinates based on 1983 North American Datum 
(NAD83) in addition to those required (NAD27). 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.

[[Page 609]]

    (c) Unjust enrichment--(1) Bidding credits. Licensees that qualified 
under Sec. 90.910 to use a bidding credit at auction that partition 
their licenses or disaggregate their spectrum 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 
Sec. 90.910(b).
    (2) Apportioning unjust enrichment payments. Unjust enrichment 
payments for partitioned license areas shall be calculated based upon 
the ratio of the population of the partitioned license area to the 
overall population of the license area and by utilizing the most recent 
census data. Unjust enrichment payments for disaggregated spectrum shall 
be calculated based upon the ratio of the amount of spectrum 
disaggregated to the amount of spectrum held by the licensee.
    (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 Secs. 90.629(a), 90.665(a) or 
90.685(a).
    (e) 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 Secs. 90.629 and 90.683. 
Failure to meet the individual construction deadline will result in the 
automatic termination of the facility's authorization.
    (f) Construction and channel usage requirements--EA licensees--(1) 
Licensees in channel blocks A, B and C--(i) Requirements for 
partitioning. (A) The partitionee may certify that it will satisfy the 
applicable construction requirements set forth in Sec. 90.685(c) for the 
partitioned license area; or
    (B) The original licensee may certify that it has or will meet the 
three and five year construction requirements set forth in 
Sec. 90.685(c) for the entire market.
    (C) Applications requesting partial assignments of license for 
partitioning must include a certification by each party as to which of 
the above options they select.
    (D) Partitionees must submit supporting documents showing compliance 
with the respective construction requirements within the appropriate 
time frames set forth in Sec. 90.685(c).
    (E) Failure by any partitionee to meet its respective construction 
requirements will result in the automatic cancellation of the 
partitioned license without further Commission action.
    (ii) Requirements for disaggregation. Parties seeking authority to 
disaggregate spectrum from an EA licensee in Spectrum Blocks A, B and C 
must meet one of the following channel use requirements:
    (A) The partitionee may certify that it will satisfy the channel 
usage requirements set forth in Sec. 90.685(d) for the disaggregated 
spectrum; or
    (B) The original licensee may certify that it has or will meet the 
channel usage requirements as set forth in Sec. 90.685(d) for the entire 
spectrum block. In that case, the disaggregatee must only satisfy the 
requirements for ``substantial service,'' as set forth in 
Sec. 90.685(c), for the disaggregated spectrum within five years of the 
license grant.
    (C) Applications requesting partial assignments of license for 
disaggregation must include a certification by each party as to which of 
the above options they select.
    (D) Disaggregatees must submit supporting documents showing 
compliance with the respective channel usage requirements within the 
appropriate time frames set forth in Sec. 90.685(c).
    (E) Failure by any disaggregatee to meet its respective channel 
usage requirements will result in the automatic cancellation of the 
disaggregated license without further Commission action.
    (2) Licensees in channel blocks D through V--(i) Requirements for 
partitioning. Parties seeking authority to partition an EA license must 
meet one of the following construction requirements:
    (A) The partitionee may certify that it will satisfy the applicable 
construction requirements set forth in Sec. 90.685(c) for the 
partitioned license area; or

[[Page 610]]

    (B) The original licensee may certify that it has or will meet the 
construction requirements set forth in Sec. 90.685(c) for the entire 
market.
    (C) Applications requesting partial assignments of license for 
partitioning must include a certification by each party as to which of 
the above options they select.
    (D) Partitionees must submit supporting documents showing compliance 
with the respective construction requirements within the appropriate 
time frames set forth in Sec. 90.685(c).
    (E) Failure by any partitionee to meet its respective construction 
requirements will result in the automatic cancellation of the 
partitioned license without further Commission action.
    (ii) Requirements for disaggregation. Parties seeking authority to 
disaggregate must submit with their partial assignment application a 
certification signed by both parties stating which of the parties will 
be responsible for meeting the construction requirements for the market 
as set forth in Sec. 90.685. Parties may agree to share responsibility 
for meeting the construction requirements. Parties that accept 
responsibility for meeting the construction requirements and later fail 
to do so will be subject to license forfeiture without further 
Commission action.
    (g) 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 
Sec. 90.699.
[62 1997 FR 41221 , July 31, 1997]