Goto Section: 90.910 | 90.912 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 90.911 Partitioned licenses and disaggregated spectrum.
(a) Eligibility. Parties seeking approval for partitioning and
disaggregation shall request an authorization for partial assignment of
a license pursuant to § 90.153(c).
(b) Technical standards—(1) Partitioning. In the case of partitioning,
requests for authorization for partial assignment of a license must
include, as attachments, a description of the partitioned service area
and a calculation of the population of the partitioned service area and
the licensed geographic service area. The partitioned service area
shall be defined by coordinate points at every 3 degrees along the
partitioned service area unless an FCC recognized service area is
utilized (i.e., Major Trading Area, Basic Trading Area, Metropolitan
Service Area, Rural Service Area or Economic Area) or county lines are
followed. 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.
(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.
(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 § § 90.629(a), 90.665(a) or
(d) Construction and channel usage requirements—incumbent licensees.
Parties seeking to acquire a partitioned license or disaggregated
spectrum from an incumbent licensee will be required to construct and
commence “service to subscribers” all facilities acquired through such
transactions within the original construction deadline for each
facility as set forth in § § 90.629 and 90.683. Failure to meet the
individual construction deadline will result in the automatic
termination of the facility's authorization.
(e) Certification concerning relocation of incumbent licensees. Parties
seeking approval of a partitioning or disaggregation agreement pursuant
to this section must include a certification with their partial
assignment of license application as to which party will be responsible
for meeting the incumbent relocation requirements set forth at § 90.699.
[ 62 FR 41221 , July 31, 1997, as amended at 63 FR 68973 , Dec. 14, 1998;
67 FR 45377 , July 9, 2002; 82 FR 41549 , Sept. 1, 2017]
Goto Section: 90.910 | 90.912
Goto Year: 2020 |
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