Geographic partitioning and spectrum disaggregation.

§ 1.950 Geographic partitioning and spectrum disaggregation. (a) Definitions. The terms “county and county equivalent,” “geographic partitioning,” and “spectrum disaggregation” as used in this section are defined as follows: (1) County and county equivalent. The terms county and county equivalent as used in this part are defined by Federal Information Processing Standards (FIPS) 6-4, which provides the names and codes that represent the counties and other entities treated as equivalent legal and/or statistical subdivisions of the 50 States, the District of Columbia, and the possessions and freely associated areas of the United States. Counties are the “first-order subdivisions” of each State and statistically equivalent entity, regardless of their local designations (county, parish, borough, etc.). Thus, the following entities are equivalent to counties for legal and/or statistical purposes: The parishes of Louisiana; the boroughs and census areas of Alaska; the District of Columbia; the independent cities of Maryland, Missouri, Nevada, and Virginia; that part of Yellowstone National Park in Montana; and various entities in the possessions and associated areas. The FIPS codes and FIPS code documentation are available online at http://www.itl.nist.gov/fipspubs/index.htm . (2) Geographic partitioning. Geographic partitioning is the assignment of a geographic portion of a geographic area licensee's license area. (3) Spectrum disaggregation. Spectrum disaggregation is the assignment of portions of blocks of a geographic area licensee's spectrum. (b) Eligibility. Covered Geographic Licenses are eligible for geographic partitioning and spectrum disaggregation. (1) Geographic partitioning. An eligible licensee may partition any geographic portion of its license area, at any time following grant of its license, subject to the following exceptions: (i) 220 MHz Service licensees must comply with § 90.1019 of this chapter. (ii) Cellular Radiotelephone Service licensees must comply with § 22.948 of this chapter. (iii) Multichannel Video & Distribution and Data Service licensees are only permitted to partition licensed geographic areas along county borders (Parishes in Louisiana or Territories in Alaska). (2) Spectrum disaggregation. An eligible licensee may disaggregate spectrum in any amount, at any time following grant of its license to eligible entities, subject to the following exceptions: (i) 220 MHz Service licensees must comply with § 90.1019 of this chapter. (ii) Cellular Radiotelephone Service licensees must comply with § 22.948 of this chapter. (iii) VHF Public Coast (156-162 MHz) spectrum may only be disaggregated in frequency pairs, except that the ship and coast transmit frequencies comprising Channel 87 (see § 80.371(c) of this chapter) may be disaggregated separately. (iv) Disaggregation is not permitted in the Multichannel Video & Distribution and Data Service 12.2-12.7 GHz band. (c) Filing requirements. Parties seeking approval for geographic partitioning, spectrum disaggregation, or a combination of both must apply for a partial assignment of authorization by filing FCC Form 603 pursuant to § 1.948. Each request for geographic partitioning must include an attachment defining the perimeter of the partitioned area by geographic coordinates to the nearest second of latitude and longitude, based upon the 1983 North American Datum (NAD83). Alternatively, applicants may specify an FCC-recognized service area ( e.g., Basic Trading Area, Economic Area, Major Trading Area, Metropolitan Service Area, or Rural Service Area), county, or county equivalent, in which case, applicants need only list the specific FCC-recognized service area, county, or county equivalent names comprising the partitioned area. (d) Relocation of incumbent licensees. Applicants for geographic partitioning, spectrum disaggregation, or a combination of both must, if applicable, include a certification with their partial assignment of authorization application stating which party will meet any incumbent relocation requirements, except as otherwise stated in service-specific rules. (e) License term. The license term for a partitioned license area or disaggregated spectrum license is the remainder of the original licensee's license term. (f) Frequency coordination. Any existing frequency coordination agreements convey with the partial assignment of authorization for geographic partitioning, spectrum disaggregation, or a combination of both, and shall remain in effect for the term of the agreement unless new agreements are reached. (g) Performance requirements. Parties to geographic partitioning, spectrum disaggregation, or a combination of both, have two options to satisfy service-specific performance requirements ( i.e., construction and operation requirements). Under the first option, each party may certify that it will individually satisfy any service-specific requirements and, upon failure, must individually face any service-specific performance penalties. Under the second option, both parties may agree to share responsibility for any service-specific requirements. Upon failure to meet their shared service-specific performance requirements, both parties will be subject to any service-specific penalties. (h) Unjust enrichment. Licensees making installment payments or that received a bidding credit, that partition their licenses or disaggregate their spectrum to entities that do not meet the eligibility standards for installment payments or bidding credits, are subject to the unjust enrichment requirements of § 1.2111. [82 FR 41546, Sept. 1, 2017] § 1.950, Nt. Effective Date Note: At 87 FR 57416, Sept. 20, 2022, § 1.950 was amended by revising the section heading, adding paragraphs (a)(4) and (b)(3), revising the heading of paragraph (c) and paragraph (e), and adding paragraph (i). These actions were delayed indefinitely. For the convenience of the user, the added and revised text is set forth as follows: § 1.950 Geographic partitioning, spectrum disaggregation, and reaggregation. (a) * * * (4) Reaggregation. Reaggregation is the consolidation into a single license of two or more licenses previously disaggregated and/or partitioned. (b) * * * (3) Reaggregation. An eligible licensee may reaggregate its covered geographic license(s), provided the requirements of paragraph (i) of this section are met, and subject to the following exceptions: (i) 220 MHz Service licensees must comply with § 90.1019 of this chapter. (ii) Cellular Radiotelephone Service licensees must comply with § 22.948 of this chapter. (c) Partitioning and disaggregation filing requirements. * * * (e) License term. The license term for a partitioned license or a disaggregated spectrum license is the remainder of the original licensee's license term. The license term for a reaggregated license is the remainder of the license term of the license with the earliest expiration date of those included in the underlying reaggregation application. (i) Reaggregation of licenses. A licensee may apply to reaggregate two or more licenses that were previously disaggregated or partitioned pursuant to this section. Licenses may be reaggregated in any combination up to, but not exceeding, the original geographic size and/or spectrum band(s) for the type of Wireless Radio Service license at issue ( i.e., a licensee may, but is not required, to reaggregate all licenses which were once part of the original license). (1) Prerequisites for reaggregation. Licenses will only be eligible for reaggregation if they meet the following requirements: (i) All licenses to be reaggregated must be of the same radio service, and have the same market and channel block; (ii) Each license to be reaggregated must have met all applicable performance requirements, including any interim and final requirements, prior to the filing of the reaggregation application; (iii) Each license to be reaggregated must have been renewed for at least one license term since the applicable performance requirements were met; and (iv) None of the licenses for which an applicant seeks reaggregation have violated the Commission's permanent discontinuance rules, as applicable to that license. (2) Filing requirements for reaggregation. Parties seeking approval for reaggregation must apply by filing a major modification application using FCC Form 601 that complies with the filing requirements described in §§ 1.913, 1.929, and 1.947, and that includes the following attachments: (i) A certification that the licenses meet the requirements of paragraphs (i)(1)(i) through (iv) of this section; (ii) An electronic map and table that together identify all licenses and spectrum to be aggregated and identify the composite license requested; (iii) A certification that all licenses in the reaggregation request are active under the same FCC Registration Number at the time of filing; (iv) A per-license list of all special conditions and a statement acknowledging that the listed special conditions will continue to apply only to that portion of the reaggregated license with respect to the spectrum and/or geography at issue, as if the license had not been reaggregated; and (v) A per-license list of all waivers granted and a statement of understanding that the listed waiver(s) do not automatically convey to any other portion of the reaggregated license. If applicable, the applicant shall include a statement indicating that it is seeking waiver relief through a separately filed waiver request seeking to expand the scope of previously granted relief.