47 CFR 80.60 - Partitioned licenses and disaggregated spectrum.

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§ 80.60 Partitioned licenses and disaggregated spectrum.
(a) Except as specified in § 20.15(c) of this chapter with respect to commercial mobile radio service providers, charges must not be made for service of:
(1) VHF Public Coast area licensees, see§ 80.371(c)(1)(ii), may partition their geographic service area or disaggregate their spectrum pursuant to the procedures set forth in this section.
(2) AMTS geographic area licensees, see§ 80.385(a)(3), may partition their geographic service area or disaggregate their spectrum pursuant to the procedures set forth in this section. Site-based AMTS public coast station licensees may partition their license or disaggregate their spectrum pursuant to the procedures set forth in this section, provided that the partitionee or disaggregatee's predicted 38 dBu signal level contour does not extend beyond the partitioner or disaggregator's predicted 38 dBu signal level contour. The predicted 38 dBu signal level contours shall be calculated using the F(50, 50) field strength chart for Channels 7-13 in § 73.699 (Fig. 10) of this chapter, with a 9 dB correction for antenna height differential.
(3) Nationwide or multi-region LF, MF, and HF public coast station licensees, see§§ 80.357(b)(1), 80.361(a), 80.363(a)(2), 80.371(b), and 80.374, may partition their spectrum pursuant to the procedures set forth in this section, except that frequencies or frequency pairs licensed to more than one licensee as of March 13, 2002 may be partitioned only by the earliest licensee, and only on the condition that the partitionee shall operate on a secondary, non-interference basis to stations licensed as of March 13, 2002 other than the earliest licensee. Coordination with government users is required for partitioning of spectrum the licensing of which is subject to coordination with government users.
(b) Technical standards—
(1) Partitioning. In the case of partitioning, all requests for authorization for partial assignment of a license must include, as an attachment, a description of the partitioned service area. The partitioned service area shall be defined by coordinate points at every 3 degrees along the partitioned service area unless an FCC-recognized service area is utilized (e.g., Metropolitan Service Area, Rural Service Area, or Economic Area) or county lines are used. The geographic coordinates 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 a case where an FCC-recognized service area or county lines are utilized, applicants need only list the specific area(s) (through use of FCC designations or county names) that constitute the partitioned area.
(2) Disaggregation. VHF (156-162 MHz) spectrum may only be disaggregated according to frequency pairs. AMTS spectrum may be disaggregated in any amount.
(3) Combined partitioning and disaggregation. The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation.
(c) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's term as provided for in § 80.25 of this part.
(d) Construction Requirements—
(1) Partitioning. Partial assignors and assignees for license partitioning have two options to meet construction requirements. Under the first option, the partitionor and partitionee would each certify that they will independently satisfy the substantial service requirement for their respective partitioned areas. If either licensee failed to meet its substantial service showing requirement, only the non-performing licensee's renewal application would be subject to dismissal. Under the second option, the partitioner certifies that it has met or will meet the substantial service requirement for the entire market. If the partitioner fails to meet the substantial service standard, however, only its renewal application would be subject to forfeiture at renewal.
(2) Disaggregation. Partial assignors and assignees for license disaggregation have two options to meet construction requirements. Under the first option, the disaggregator and disaggregatee would certify that they each will share responsibility for meeting the substantial service requirement for the geographic service area. If parties choose this option and either party fails to do so, both licenses would be subject to forfeiture at renewal. The second option would allow the parties to agree that either the disaggregator or the disaggregatee would be responsible for meeting the substantial service requirement for the geographic service area. If parties choose this option, and the party responsible for meeting the construction requirement fails to do so, only the license of the nonperforming party would be subject to forfeiture at renewal.
(3) Site-based AMTS, and nationwide or multi-region LF, MF, and HF public coast. Parties seeking to acquire a partitioned license or disaggregated spectrum from a site-based AMTS, or nationwide or multi-region LF, MF, and HF public coast licensee will be required to construct and commence “service to subscribers” in all facilities acquired through such transactions within the original construction deadline for each facility as set forth in § 80.49. Failure to meet the individual construction deadline will result in the automatic termination of the facility's authorization.
[63 FR 40063, July 27, 1998, as amended at 67 FR 48563, July 25, 2002; 69 FR 64671, Nov. 8, 2004]

Title 47 published on 2013-10-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 47 - TELECOMMUNICATIONS

§ 151 - Purposes of chapter; Federal Communications Commission created

§ 152 - Application of chapter

§ 153 - Definitions

§ 154 - Federal Communications Commission

§ 155 - Commission

§ 301 - License for radio communication or transmission of energy

§ 302 - Repealed. June 5, 1936, ch. 511,

§ 302a - Devices which interfere with radio reception

§ 303 - Powers and duties of Commission

§ 303a - Standards for children’s television programming

§ 303b - Consideration of children’s television service in broadcast license renewal

§ 303c - Television program improvement

§ 304 - Waiver by license of claims to particular frequency or of electromagnetic spectrum

§ 305 - Government owned stations

§ 306 - Foreign ships; application of

§ 307 - Licenses

§ 308 - Requirements for license

§ 309 - Application for license

§ 310 - License ownership restrictions

§ 311 - Requirements as to certain applications in broadcasting service

§ 312 - Administrative sanctions

§ 312a - Revocation of operator’s license used in unlawful distribution of controlled substances

§ 313 - Application of antitrust laws to manufacture, sale, and trade in radio apparatus

§ 314 - Competition in commerce; preservation

§ 315 - Candidates for public office

§ 316 - Modification by Commission of station licenses or construction permits; burden of proof

§ 317 - Announcement of payment for broadcast

§ 318 - Transmitting apparatus; operator’s license

§ 319 - Construction permits

§ 320 - Stations liable to interfere with distress signals; designation and regulation

§ 321 - Distress signals and communications; equipment on vessels; regulations

§ 322 - Exchanging radio communications between land and ship stations and from ship to ship

§ 323 - Interference between Government and commercial stations

§ 324 - Use of minimum power

§ 325 - False, fraudulent, or unauthorized transmissions

§ 326 - Censorship

§ 327 - Naval stations; use for commercial messages; rates

§ 328 - Repealed.

§ 329 - Administration of radio laws in Territories and possessions

§ 330 - Prohibition against shipment of certain television receivers

§ 331 - Very high frequency stations and AM radio stations

§ 332 - Mobile services

§ 333 - Willful or malicious interference

§ 334 - Limitation on revision of equal employment opportunity regulations

§ 335 - Direct broadcast satellite service obligations

§ 336 - Broadcast spectrum flexibility

§ 337 - Allocation and assignment of new public safety services licenses and commercial licenses

§ 338 - Carriage of local television signals by satellite carriers

§ 339 - Carriage of distant television stations by satellite carriers

§ 340 - Significantly viewed signals permitted to be carried

§ 341 - Carriage of television signals to certain subscribers

§ 342 - Process for issuing qualified carrier certification

§ 351 - Ship radio stations and operations

§ 352 - Exemptions

§ 353 - Radio equipment and operators

§ 353a - Operators and watches on radiotelephone equipped ships

§ 354 - Technical requirements of equipment on radiotelegraph equipped ships

§ 354a - Technical requirements of equipment on radiotelephone equipped ships

§ 355 - Survival craft

§ 356 - Approval of installations by Commission

§ 357 - Safety information

§ 358 - Master’s control over operations

§ 359 - Certificates of compliance; issuance, modification, and cancellation

§ 360 - Station licenses; inspection of equipment by Commission

§ 361 - Control by Commission; review of decisions

§ 362 - Forfeitures; recovery

§ 363 - Automated ship distress and safety systems

§ 381 - Vessels transporting more than six passengers for hire required to be equipped with radiotelephone

§ 382 - Vessels excepted from radiotelephone requirement

§ 383 - Exemptions by Commission

§ 384 - Authority of Commission; operations, installations, and additional equipment

§ 385 - Inspections

§ 386 - Forfeitures

§ 390 - Declaration of purpose

§ 391 - Authorization of appropriations

§ 392 - Grants for construction

§ 392a - Repealed.

§ 393 - Criteria for approval and expenditures by Secretary

§ 393a - Long-range planning for facilities

§ 394 - Establishment of National Endowment

§ 395 - Assistance for demonstration projects

§ 396 - Corporation for Public Broadcasting

§ 397 - Definitions

§ 398 - Federal interference or control

§ 399 - Support of political candidates prohibited

§ 399a - Use of business or institutional logograms

§ 399b - Offering of certain services, facilities, or products by public broadcast station

§ 401 - Enforcement provisions

§ 402 - Judicial review of Commission’s orders and decisions

§ 403 - Inquiry by Commission on its own motion

§ 404 - Reports of investigations

§ 405 - Petition for reconsideration; procedure; disposition; time of filing; additional evidence; time for disposition of petition...reconsideration of order concluding hearing or investigation; appeal of order

§ 406 - Compelling furnishing of facilities; mandamus; jurisdiction

§ 407 - Order for payment of money; petition for enforcement; procedure; order of Commission as prima facie evidence; costs; attorneys’ fees

§ 408 - Order not for payment of money; when effective

§ 409 - Hearings

§ 410 - Joint boards and commissions

§ 411 - Joinder of parties

§ 412 - Documents filed with Commission as public records; prima facie evidence; confidential records

§ 413 - Designation of agent for service; method of service

§ 414 - Exclusiveness of chapter

§ 415 - Limitations of actions

§ 416 - Orders of Commission

§ 501 - General penalty

§ 502 - Violation of rules, regulations, etc.

§ 503 - Forfeitures

§ 504 - Forfeitures

§ 505 - Venue of trials

§ 506 - Repealed.

§ 507 - Violation of Great Lakes Agreement

§ 508 - Disclosure of payments to individuals connected with broadcasts

§ 509 - Prohibited practices in contests of knowledge, skill, or chance

§ 510 - Forfeiture of communications devices

§ 521 - Purposes

§ 522 - Definitions

§ 531 - Cable channels for public, educational, or governmental use

§ 532 - Cable channels for commercial use

§ 533 - Ownership restrictions

§ 534 - Carriage of local commercial television signals

§ 535 - Carriage of noncommercial educational television

§ 536 - Regulation of carriage agreements

§ 537 - Sales of cable systems

§ 541 - General franchise requirements

§ 542 - Franchise fees

§ 543 - Regulation of rates

§ 544 - Regulation of services, facilities, and equipment

§ 544a - Consumer electronics equipment compatibility

§ 545 - Modification of franchise obligations

§ 546 - Renewal

§ 547 - Conditions of sale

§ 548 - Development of competition and diversity in video programming distribution

§ 549 - Competitive availability of navigation devices

§ 551 - Protection of subscriber privacy

§ 552 - Consumer protection and customer service

§ 553 - Unauthorized reception of cable service

§ 554 - Equal employment opportunity

§ 555 - Judicial proceedings

§ 555a - Limitation of franchising authority liability

§ 556 - Coordination of Federal, State, and local authority

§ 557 - Existing franchises

§ 558 - Criminal and civil liability

§ 559 - Obscene programming

§ 560 - Scrambling of cable channels for nonsubscribers

§ 561 - Scrambling of sexually explicit adult video service programming

§ 571 - Regulatory treatment of video programming services

§ 572 - Prohibition on buy outs

§ 573 - Establishment of open video systems

§ 601 - Interstate Commerce Commission and Postmaster General; duties, powers, and functions transferred to Commission

§ 602, 603 - Repealed.

§ 604 - Effect of transfer

§ 605 - Unauthorized publication or use of communications

§ 606 - War powers of President

§ 607 - Effective date of chapter

§ 608 - Separability

§ 609 - Short title

Statutes at Large