FCC 90.365 Revised as of September 29, 2014
Goto Year:2013 |
§ 90.365 Partitioned licenses and disaggregated spectrum.
(a) Eligibility. (1) Party seeking approval for partitioning and
disaggregation shall request an authorization pursuant to § 1.948 of
(2) Multilateration LMS licensees may apply to partition their licensed
geographic service area or disaggregate their licensed spectrum at any
time following the grant of their licenses. Multilateration LMS
licensees may partition or disaggregate to any party that is also
eligible to be a multilateration LMS licensee. Partitioning is
permitted along any service area defined by the parties, and spectrum
may be disaggregated in any amount. The Commission will also consider
requests for partial assignment of licenses that propose combinations
of partitioning and disaggregation.
(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).
(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. (i)
Parties seeking authority to partition must meet one of the following
(A) The partitionee may certify that it will satisfy the applicable
construction requirements for the partitioned license area; or
(B) The original licensee may certify that it has or will meet the
construction requirement for the entire license area.
(ii) Failure by any partitionee to meet its respective construction
requirements will result in the automatic cancellation of the
partitioned or disaggregated license without further Commission action.
(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.
[ 63 FR 40663 , July 30, 1998, as amended at 63 FR 68966 , Dec. 14, 1998]
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Regulations Governing the Licensing and Use of Frequencies in the 5850-5925
MHz Band for Dedicated Short-Range Communications Service (DSRCS)
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