FCC 101.1415 Revised as of October 1, 2014
Goto Year:2013 |
§ 101.1415 Partitioning and disaggregation.
(a) MVDDS licensees are permitted to partition licensed geographic
areas along county borders (Parishes in Louisiana or Territories in
Alaska). Disaggregation will not be permitted by MVDDS licensees in the
12.2-12.7 GHz band. "Partitioning" is the assignment of geographic
portions of a license along geopolitical or other boundaries.
"Disaggregation" is the assignment of discrete portions or "blocks" of
spectrum licensed to a geographic licensee or qualifying entity.
(b) Eligibility. (1) Parties seeking approval for partitioning shall
request from the Commission an authorization for partial assignment of
a license pursuant to § 1.948 of this chapter.
(2) MVDDS licensees may apply to the Commission to partition their
licensed geographic service areas to eligible entities and are free to
partition their licensed spectrum at any time following the grant of a
(3) Any existing frequency coordination agreements shall convey with
the assignment of the geographic area or spectrum, and shall remain in
effect for the term of the agreement unless new agreements are reached.
(c) Technical standards. (1) 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
(2) 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).
(d) Unjust enrichment. 12 GHz licensees that received a bidding credit
and partition their licenses 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 § 1.2111 of this chapter.
(e) License term. The MVDDS license term is ten years, beginning on the
date of the initial authorization grant. The license term for a
partitioned license area shall be the remainder of the original
licensee's license term as provided for in § 101.1413.
(f) Construction requirements. Applications requesting approval for
partitioning must include a certification by each party stating that
one or both parties will satisfy the construction requirement set forth
in § 101.1413. Failure by a party to meet its respective construction
requirement will result in the automatic cancellation of its license
without further Commission action.
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