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§24.104 Partitioning and disaggregation.
Nationwide, regional, and MTA licensees may apply to partition their authorized geographic service area or disaggregate their authorized spectrum at any time following grant of their geographic area authorizations.
(a) Application required. Parties seeking approval for partitioning and/or disaggregation shall apply for partial assignment of a license pursuant to §1.948 of this chapter.
(b) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to §1.948 of this chapter and describe the partitioned service area on a schedule to the application. The partitioned service area shall be defined by up to 120 sets of geographic coordinates at points at every 3 degrees azimuth from a point within the partitioned service area along the partitioned service area boundary unless either an FCC-recognized service area is used (e.g., MEA or EA) or county lines are followed. The geographical coordinates must be specified in degrees, minutes, and seconds to the nearest second latitude and longitude, and must be based upon the 1983 North American Datum (NAD83). In the case where FCC-recognized service areas or county lines are used, applicants need only list the specific area(s) through use of FCC designations or county names that constitute the partitioned area.
(c) Disaggregation. Spectrum may be disaggregated in any amount.
(d) Combined partitioning and disaggregation. Licensees may apply for partial assignment of authorizations that propose combinations of partitioning and disaggregation.
(e) 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 §1.955 of this chapter.
(f) Coverage requirements for partitioning. (1) Parties to a partitioning agreement must satisfy at least one of the following requirements:
(i) The partitionee must satisfy the applicable coverage requirements set forth in §24.103 for the partitioned license area; or
(ii) The original licensee must meet the coverage requirements set forth in §24.103 for the entire geographic area. In this case, the partitionee must meet only the requirements for renewal of its authorization for the partitioned license area.
(2) Parties seeking authority to partition must submit with their partial assignment application a certification signed by both parties stating which of the options they select.
(3) Partitionees must submit supporting documents showing compliance with their coverage requirements as set forth in §24.103.
(4) Failure by any partitionee to meet its coverage requirements will result in automatic cancellation of the partitioned authorization without further Commission action.
(g) Coverage requirements for disaggregation. (1) Parties to a disaggregation agreement must satisfy at least one of the following requirements:
(i) Either the disaggregator or disaggregatee must satisfy the coverage requirements set forth in §24.103 for the entire license area; or
(ii) Parties must agree to share responsibility for meeting the coverage requirements set forth in §24.103 for the entire license area.
(2) Parties seeking authority to disaggregate must submit with their partial assignment application a certification signed by both parties stating which of the requirements they select.
(3) Disaggregatees must submit supporting documents showing compliance with their coverage requirements as set forth in §24.103.
(4) Parties that accept responsibility for meeting the coverage requirements and later fail to do so will be subject to automatic license cancellation without further Commission action.
[65 FR 35853, June 6, 2000]
Effective Date Note: At 65 FR 35853, June 6, 2000, §24.104 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.