Sec.  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 Sec. 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 Sec. 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 Sec. 27.13.

   (d) Compliance with construction requirements. The following rules
   apply for purposes of implementing the construction requirements set
   forth in Sec. 27.14.

   (1) Partitioning. Parties to partitioning agreements have two options
   for satisfying the construction requirements set forth in Sec. 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.

   (2) Disaggregation. Parties to disaggregation agreements have two
   options for satisfying the construction requirements set forth in
   Sec. 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.

   [ 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]

Subpart C--Technical Standards