[Code of Federal Regulations]
[Title 47, Volume 2]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR24.104]

[Page 138-139]
 
                       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 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.

[[Page 139]]

    (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.