[Code of Federal Regulations]
[Title 47, Volume 5]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR101.56]

[Page 665-666]
 
                       TITLE 47--TELECOMMUNICATION
 
                         COMMISSION (CONTINUED)
 
PART 101_FIXED MICROWAVE SERVICES--Table of Contents
 
                   Subpart B_Applications and Licenses
 
Sec.  101.56  Partitioned service areas (PSAs) and disaggregated spectrum.

    (a)(1) The holder of an EA authorization to provide service pursuant 
to the competitive bidding process and any incumbent licensee of 
rectangular service areas in the 38.6-40.0 GHz band may enter into 
agreements with eligible parties to partition any portion of its service 
area as defined by the partitioner and partitionee. Alternatively, 
licensees may enter into agreements or contracts to disaggregate any 
portion of spectrum, provided acquired spectrum is disaggregated 
according to frequency pairs.
    (2)(i) Contracts must be filed with the Commission within 30 days of 
the date that such agreements are reached.
    (ii) The contracts must include descriptions of the areas being 
partitioned or spectrum disaggregated. 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 is 
utilized (i.e., Metropolitan Service Area or Rural Service Area) or 
county lines are followed. If geographic coordinate points are used, 
they 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

[[Page 666]]

designations or county names) that constitute the partitioned area.
    (b) The eligibility requirements applicable to EA authorization 
holders also apply to those individuals and entities seeking partitioned 
or disaggregated spectrum authorizations.
    (c) Subsequent to issuance of the authorization for a partitioned 
service area, the partitioned area will be treated as a separate 
protected service area.
    (d)(1) When any area within an EA becomes a partitioned service 
area, the remaining counties and geopolitical subdivision within that EA 
will be subsequently treated and classified as a partitioned service 
area.
    (2) At the time an EA is partitioned, the Commission shall cancel 
the EA authorization initially issued and issue a partitioned service 
area authorization to the former EA authorization holder.
    (e) At the time a BTA is partitioned, the Commission shall cancel 
the BTA authorization initially issued and issue a partitioned service 
area authorization to the former BTA authorization holder.
    (f) The duties and responsibilities imposed upon EA authorization 
holders in this part, apply to those licensees obtaining authorizations 
by partitioning or spectrum disaggregation.
    (g) The build-out requirements for the partitioned service area or 
disaggregated spectrum shall be the same as applied to the EA 
authorization holder.
    (h) The license term for the partitioned service area or 
disaggregated spectrum shall be the remainder of the period that would 
apply to the EA authorization holder.
    (i) Licensees, including those using bidding credits in a 
competitive bidding procedure, shall have the authority to partition 
service areas or disaggregate spectrum.

[63 FR 6104, Feb. 6, 1998, as amended at 63 FR 68982, Dec. 14, 1998; 64 
FR 45893, Aug. 23, 1999; 64 FR 59664, Nov. 3, 1999; 67 FR 45379, July 9, 
2002]

    Editorial Note: At 64 FR 59664, Nov. 3, 1999, in Sec.  101.56, 
paragraphs (d)(1) and (2) were redesignated as (d) and (e); however, 
paragraph (e) already exists and the change could not be made.