§ 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 the 600 MHz band, 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; and for licensees holding AWS
   authorizations in the 1915-1920 MHz and 1995-2000 MHz bands, the 2000-2020
   MHz  and  2180-2200 MHz bands; or the 1695-1710 MHz, 1755-1780 MHz and
   2155-2180 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 second 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).

   (iii)  For  licensees holding authorizations for the 600 MHz band, AWS
   authorizations  in  the  1915-1920 MHz and 1995-2000 MHz bands, or the
   2000-2020 MHz and 2180-2200 MHz bands, or the 1695-1710 MHz, 1755-1780 MHz
   and  2155-2180  MHz  bands,  the following rules apply for purposes of
   implementing the construction requirements set forth in § 27.14. Each party
   to a geographic partitioning must individually meet any service-specific
   performance requirements (i.e., construction and operation requirements). If
   a partitioner or partitionee fails to meet any service-specific performance
   requirements on or before the required date, then the consequences for this
   failure  shall  be those enumerated in § 27.14(q) for 2000-2020 MHz and
   2180-2200 MHz licenses, those enumerated in § 27.14(r) for 1915-1920 MHz and
   1995-2000 MHz licenses, and those enumerated in § 27.14(s) for 1695-1710 MHz,
   1755-1780 MHz and 2155-2180 MHz licenses, and those enumerated in § 27.14(t)
   for 600 MHz band licenses.

   (2) Disaggregation. (i) Except for WCS licensees holding authorizations for
   the 600 MHz band, 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, or C2 in the 746-757 MHz and 776-787 MHz bands; and for
   licensees holding AWS authorizations in the 1915-1920 MHz and 1995-2000 MHz
   bands, the 2000-2020 MHz and 2180-2200 MHz bands or the 1695-1710 MHz,
   1755-1780 MHz and 2155-2180 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.

   (iii)  For  licensees holding authorizations for the 600 MHz band, AWS
   authorizations  in  the  1915-1920 MHz and 1995-2000 MHz bands, or the
   2000-2020 MHz and 2180-2200 MHz bands, or the 1695-1710 MHz, 1755-1780 MHz
   and  2155-2180  MHz  bands,  the following rules apply for purposes of
   implementing the construction requirements set forth in § 27.14. Each party
   to a spectrum disaggregation must individually meet any service-specific
   performance requirements (i.e., construction and operation requirements). If
   a  disaggregator or a disaggregatee fails to meet any service-specific
   performance  requirements  on  or  before  the required date, then the
   consequences for this failure shall be those enumerated in § 27.14(q) for
   2000-2020 MHz and 2180-2200 MHz licenses, those enumerated in § 27.14(r) for
   1915-1920 MHz and 1995-2000 MHz licenses, those enumerated in § 27.14(s) for
   1695-1710  MHz,  1755-1780  MHz  and 2155-2180 MHz licenses, and those
   enumerated in § 27.14(t) for 600 MHz band licenses.

   [ 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;  78 FR 8268 , Feb. 5,
   2013;  78 FR 50255 , Aug. 16, 2013;  79 FR 596 , Jan. 6, 2014;  79 FR 32412 , June
   4, 2014;  79 FR 48537 , Aug. 15, 2014]

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