FCC 95.823 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 95.823 Geographic partitioning and spectrum disaggregation.
(a) Eligibility. Parties seeking Commission approval of geographic
partitioning or spectrum disaggregation of 218–219 MHz Service system
licenses shall request an authorization for partial assignment of license
pursuant to Sec. 1.948 of this chapter.
(b) Technical standards—(1) Partitioning. In the case of partitioning,
requests for authorization of 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 seconds along the partitioned
service area unless an FCC-recognized service area (i.e. Economic Areas) is
utilized 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 maybe disaggregated in any amount.
(3) Combined partitioning and disaggregation. The Commission will consider
requests for partial assignments of licenses that propose combinations of
partitioning and disaggregation.
(c) Provisions applicable to designated entities—(1) Parties not qualified
for installment payment plans. (i) When a winning bidder (partitionor or
disaggregator) that elected to pay for its license through an installment
payment plan partitions its license or disaggregates spectrum to another
party (partitionee or disaggregatee) that would not qualify for an
installment payment plan, or elects not to pay for its share of the license
through installment payments, the outstanding principal balance owed by the
partitionor or disaggregator shall be apportioned according to Sec. 1.2111(e)(3)
of this chapter. The partitionor or disaggregator is responsible for accrued
and unpaid interest through and including the consummation date.
(ii) The partitionee or disaggregatee shall, as a condition of the approval
of the partial assignment application, pay its entire pro rata amount of the
outstanding principal balance on or before the consummation date. Failure to
meet this condition will result in cancellation of the grant of the partial
assignment application.
(iii) The partitionor or disaggregator shall be permitted to continue to pay
its pro rata share of the outstanding balance and, if applicable, shall
receive loan documents evidencing the partitioning and disaggregation. The
original interest rate, established pursuant to Sec. 1.2110(g)(3)(i) of this
chapter at the time of the grant of the initial license in the market, shall
continue to be applied to the partitionor's or disaggregator's portion of
the remaining government obligation.
(iv) A default on the partitionor's or disaggregator's payment obligation
will affect only the partitionor's or disaggregator's portion of the market.
(2) Parties qualified for installment payment plans.
(i) Where both parties to a partitioning or disaggregation agreement qualify
for installment payments, the partitionee or disaggregatee will be permitted
to make installment payments on its portion of the remaining government
obligation.
(ii) Each party may be required, as a condition to approval of the partial
assignment application, to execute loan documents agreeing to pay its pro
rata portion of the outstanding principal balance due, as apportioned
according to Sec. 1.2111(e)(3) of this chapter, based upon the installment
payment terms for which it qualifies under the rules. Failure by either
party to meet this condition will result in the automatic cancellation of
the grant of the partial assignment application. The interest rate,
established pursuant to Sec. 1.2110(f)(3)(i) of this chapter at the time of the
grant of the initial license in the market, shall continue to be applied to
both parties' portion of the balance due. Each party will receive a license
for its portion of the partitioned market.
(iii) A default on an obligation will affect only that portion of the market
area held by the defaulting party.
(d) Construction requirements—(1) Partitioning. Partial assignors and
assignees for license partitioning have two options to meet construction
requirements. Under the first option, the partitionor and partitionee would
each certify that they will independently satisfy the applicable
construction requirements set forth in Sec. 95.833 of this part for their
respective partitioned areas. If either licensee failed to meet its
requirement in Sec. 95.833 of this part, only the non-performing licensee's
renewal application would be subject to dismissal. Under the second option,
the partitionor certifies that it has met or will meet the requirement in
Sec. 95.833 of this part for the entire market. If the partitionor fails to meet
the requirement in Sec. 95.833 of this part, however, only its renewal
application would be subject to forfeiture at renewal.
(2) Disaggregation. Partial assignors and assignees for license
disaggregation have two options to meet construction requirements. Under the
first option, the disaggregator and disaggregatee would certify that they
each will share responsibility for meeting the applicable construction
requirements set forth in Sec. 95.833 of this part for the geographic service
area. If parties choose this option and either party fails to do so, both
licenses would be subject to forfeiture at renewal. The second option would
allow the parties to agree that either the disaggregator or the
disaggregatee would be responsible for meeting the requirement in Sec. 95.833 of
this part for the geographic service area. If parties choose this option,
and the party responsible for meeting the construction requirement fails to
do so, only the license of the non-performing party would be subject to
forfeiture at renewal.
(3) All applications requesting partial assignments of license for
partitioning or disaggregation must include the above-referenced
certification as to which of the construction options is selected.
(4) Responsible parties must submit supporting documents showing compliance
with the respective construction requirements within the appropriate
construction benchmarks set forth in Sec. 95.833 of this part.
[ 64 FR 59662 , Nov. 3, 1999, as amended at 67 FR 46378 , July 9, 2002]
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