[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR24.104]



[Page 233-234]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 24_PERSONAL COMMUNICATIONS SERVICES--Table of Contents

 

                        Subpart D_Narrowband PCS

 

Sec. 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 Sec. 1.948 of this chapter.

    (b) Partitioning. In the case of partitioning, applicants and 

licensees must file FCC Form 603 pursuant to Sec. 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



[[Page 234]]



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 Sec. 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 Sec. 24.103 for the partitioned license area; 

or

    (ii) The original licensee must meet the coverage requirements set 

forth in Sec. 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 Sec. 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 Sec. 24.103 for the entire license 

area; or

    (ii) Parties must agree to share responsibility for meeting the 

coverage requirements set forth in Sec. 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 Sec. 

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, Sec. 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.