Goto Section: 90.1017 | 90.1021 | Table of Contents
Revised as of September 29, 2014
Goto Year:2013 |
§ 90.1019 Eligibility for partitioned licenses.
(a) Eligibility. Parties seeking approval for partitioning and
disaggregation shall request authorization for partial assignment of a
license pursuant to § 1.948 of this chapter. The Commission will
consider applications that propose combinations of partitioning and
(1) Phase I non-nationwide licensees may apply to partition their
licensed geographic service area or disaggregate their licensed
spectrum after constructing their systems and placing their in
operation or commencing service in accordance with the provisions in
§ 90.725(f) of this part.
(2) Phase I nationwide licensees may apply to partition their licensed
geographic service area or disaggregate their licensed spectrum after
constructing at least 40 percent of the geographic areas designated in
their applications in accordance with the provisions in § 90.725(a) of
(3) Phase II licensees may apply to partition their licensed geographic
service area or disaggregate their licensed spectrum at any time
following the grant of their licenses.
(4) Phase I and Phase II licensees authorized to operate on Channels
161 through 170 or Channels 181 through 185 are not eligible to
partition their geographic service area or disaggregate their licensed
(b) Partitioning. In the case of partitioning, applicants and licensees
must file FCC Form 603 pursuant to § 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). 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.
(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.
(d) Construction requirements. (1) Requirements for partitioning.
Parties seeking authority to partition must meet one of the following
(i) The partitionee may certify that it will satisfy the applicable
construction requirements set forth in § § 90.767 or 90.769 of this
part, as applicable, for the partitioned license area; or
(ii) The original licensee may certify that it has or will meet its
five-year construction requirement and will meet the ten-year
construction requirement, as set forth in § § 90.767 or 90.769 of this
part, as applicable, for the entire license area. In that case, the
partitionee must only satisfy the requirements for "substantial
service," as set forth in § 90.743(a)(1) of this part, for the
partitioned license area by the end of the original ten-year license
term of the licensee.
(iii) Failure by any partitionee to meet its respective construction
requirements will result in the automatic cancellation of the
partitioned license without further Commission action (see § 1.946).
(2) Requirements for disaggregation. Parties seeking authority to
disaggregate spectrum must certify in FCC Form 601 which of the parties
will be responsible for meeting the five-year and ten-year construction
requirements for the particular market as set forth in § 90.767 or
§ 90.769, as applicable. Parties may agree to share responsibility for
meeting the construction requirements. If one party accepts
responsibility for meeting the construction requirements and later
fails to do so, then its license will cancel automatically without
further Commission action. If both parties accept responsibility for
meeting the construction requirements and later fail to do so, then
both their licenses will cancel automatically without further
[ 63 FR 49295 , Sept. 15, 1998, as amended at 63 FR 68973 , Dec. 14, 1998;
65 FR 39560 , June 27, 2000]
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Goto Section: 90.1017 | 90.1021
Goto Year: 2013 |
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