[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2005]

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

[CITE: 47CFR22.513]



[Page 51-52]

 

                       TITLE 47--TELECOMMUNICATION

 

                         COMMISSION (CONTINUED)

 

PART 22_PUBLIC MOBILE SERVICES--Table of Contents

 

               Subpart E_Paging and Radiotelephone Service

 

Sec. 22.513  Partitioning and disaggregation.



    MEA and EA 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. Nationwide 

geographic area licensees may apply to partition their authorized 

geographic service area or disaggregate their authorized spectrum at any 

time as of August 23, 1999.

    (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, requests for 

authorization for 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 

authorized geographic service area. The partitioned service area shall 

be defined by 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 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. 22.503(k)(1), (2) and (3) for the 

partitioned license area; or

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

forth in Sec. 22.503(k)(1), (2) and (3) 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 above options they select.

    (3) Partitionees must submit supporting documents showing compliance 

with their coverage requirements as set forth in Sec. 22.503(k)(1), (2) 

and (3).

    (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



[[Page 52]]



at least one of the following requirements:

    (i) Either the disaggregator or disaggregatee must satisfy the 

coverage requirements set forth in Sec. 22.503 (k)(1), (2) and (3) for 

the entire license area; or

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

coverage requirements set forth in Sec. 22.503 (k)(1), (2) and (3) 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 above requirements they meet.

    (3) Disaggregatees must submit supporting documents showing 

compliance with their coverage requirements as set forth in Sec. 22.503 

(k)(1), (2) and (3).

    (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.



[64 FR 33784, June 24, 1999]