§  27.15   Geographic partitioning and spectrum disaggregation.

   (a) Eligibility. (1) Parties seeking approval for partitioning and
   disaggregation shall request from the Commission an authorization for
   partial assignment of a license pursuant to §  1.948.

   (2) AWS and WCS licensees may apply to partition their licensed
   geographic service area or disaggregate their licensed spectrum at any
   time following the grant of their licenses.

   (b) Technical Standards —(1) Partitioning. In the case of partitioning,
   applicants and licensees must file FCC Form 603 pursuant to section
   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).

   (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.

   (4) Signal levels. For purposes of partitioning and disaggregation,
   part 27 systems must be designed so as not to exceed the signal level
   specified for the particular spectrum block in §  27.55 at the
   licensee's service area boundary, unless the affected adjacent service
   area licensees have agreed to a different signal level.

   (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 §  27.13.

   (d) Compliance with construction requirements —(1) Partitioning. (i)
   Except for WCS licensees holding authorizations for Block A in the
   698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and
   734-740 MHz bands, Block E in the 722-728 MHz band, Blocks C, C1, or C2
   in the 746-757 MHz and 776-787 MHz bands, or Block D in the 758-763 MHz
   and 788-793 MHz bands, the following rules apply to WCS and AWS
   licensees holding authorizations for purposes of implementing the
   construction requirements set forth in §  27.14. Parties to partitioning
   agreements have two options for satisfying the construction
   requirements set forth in §  27.14. Under the first option, the
   partitioner and partitionee each certifies that it will independently
   satisfy the substantial service requirement for its respective
   partitioned area. If a licensee subsequently fails to meet its
   substantial service requirement, its license will be subject to
   automatic cancellation without further Commission action. Under the
   section option, the partitioner certifies that it has met or will meet
   the substantial service requirement for the entire, pre-partitioned
   geographic service area. If the partitioner subsequently fails to meet
   its substantial service requirement, only its license will be subject
   to automatic cancellation without further Commission action.

   (ii) For WCS licensees holding authorizations for Block A in the
   698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and
   734-740 MHz bands, Block E in the 722-728 MHz band, or Blocks C, C1,
   and C2 in the 746-757 MHz and 776-787 MHz bands, the following rules
   apply for purposes of implementing the construction requirements set
   forth in §  27.14. Parties to partitioning agreements have two options
   for satisfying the construction requirements set forth in §  27.14.
   Under the first option, the partitioner and partitionee each certifies
   that they will collectively share responsibility for meeting the
   construction requirement for the entire pre-partition geographic
   license area. If the partitioner and partitionee collectively fail to
   meet the construction requirement, then both the partitioner and
   partitionee will be subject to the consequences enumerated in
   §  27.14(g) and (h) for this failure. Under the second option, the
   partitioner and partitionee each certifies that it will independently
   meet the construction requirement for its respective partitioned
   license area. If the partitioner or partitionee fails to meet the
   construction requirement for its respective partitioned license area,
   then the consequences for this failure shall be those enumerated in
   §  27.14(g) and (h).

   (2) Disaggregation . (i) Except for WCS licensees holding
   authorizations for Block A in the 698-704 MHz and 728-734 MHz bands,
   Block B in the 704-710 MHz and 734-740 MHz bands, Block E in the
   722-728 MHz band, Blocks C, C1, or C2 in the 746-757 MHz and 776-787
   MHz bands, or Block D in the 758-763 MHz and 788-793 MHz bands, the
   following rules apply to WCS and AWS licensees holding authorizations
   for purposes of implementing the construction requirements set forth in
   §  27.14. Parties to disaggregation agreements have two options for
   satisfying the construction requirements set forth in §  27.14. Under
   the first option, the disaggregator and disaggregatee each certifies
   that it will share responsibility for meeting the substantial service
   requirement for the geographic service area. If the parties choose this
   option and either party subsequently fails to satisfy its substantial
   service responsibility, both parties' licenses will be subject to
   forfeiture without further Commission action. Under the second option,
   both parties certify either that the disaggregator or the disaggregatee
   will meet the substantial service requirement for the geographic
   service area. If the parties choose this option, and the party
   responsible subsequently fails to meet the substantial service
   requirement, only that party's license will be subject to forfeiture
   without further Commission action.

   (ii) For WCS licensees holding authorizations for Block A in the
   698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and
   734-740 MHz bands, Block E in the 722-728 MHz band, and Blocks C, C1,
   or C2 in the 746-757 MHz and 776-787 MHz bands, the following rules
   apply for purposes of implementing the construction requirements set
   forth in §  27.14. If either the disaggregator or the disaggregatee
   meets the construction requirements set forth in §  27.14, then these
   requirements will be considered to be satisfied for both parties. If
   neither the disaggregator nor the disaggregatee meets the construction
   requirements, then both parties will be subject to the consequences
   enumerated in §  27.14(g) and (h) for this failure.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  63 FR 68954 , Dec. 14, 1998;  65 FR 3146 , Jan. 20, 2000;  65 FR 57268 , Sept. 21, 2000;  67 FR 45373 , July
   9, 2002;  69 FR 5715 , Feb. 6, 2004;  72 FR 48848 , Aug. 24, 2007]

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