FCC 90.1019 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 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 Sec. 1.948 of this chapter. The Commission will consider
applications that propose combinations of partitioning and disaggregation.
(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 Sec. 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 Sec. 90.725(a) of this part.
(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 spectrum.
(b) Partitioning. In the case of partitioning, applicants and licensees must
file FCC Form 603 pursuant to Sec. 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 construction
requirements:
(i) The partitionee may certify that it will satisfy the applicable
construction requirements set forth in Sec. Sec. 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 Sec. Sec. 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 Sec. 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 Sec. 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 Sec. 90.767 or Sec. 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 Commission action.
[ 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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