NEWSReport No. DC 96-109 ACTION IN DOCKET CASE December 13, 1996 FCC MODIFIES RULES TO PERMIT PARTITIONING AND DISAGGREGATION BY BROADBAND PCS LICENSEES (Docket Nos. WT 96-148; GN 96-113) The Federal Communications Commission (FCC) today adopted rules to permit geographic partitioning and spectrum disaggregation for all broadband Personal Communications Service (PCS) licensees. This rule change will give existing PCS licensees and potential new entrants greater flexibility to determine how much spectrum they need and the geographic areas in which they will provide service. This added flexibility will encourage more efficient use of PCS spectrum and possibly new technology uses or niche services for these bands. The new rules will also implement Congress' goal of providing small businesses the opportunity to participate in the provision of spectrum-based services, by eliminating barriers to entry for small businesses seeking to enter the PCS marketplace. Today's Order modifies the broadband PCS rules as follows: Broadband PCS licensees in the A, B, D, and E blocks may partition their license areas and/or disaggregate their spectrum blocks at any time to entities that meet minimum eligibility requirements (e.g., foreign ownership limits under Section 310(b) of the Communications Act). Entrepreneurs' block (C and F block) PCS licensees may partition and/or disaggregate their licenses at any time to other entities qualified as entrepreneurs. During the first five years of their license term, entrepreneurs' block licensees may not partition or disaggregate to non-entrepreneurs. After the first five years, entrepreneurs' block licensees may partition or disaggregate to non-entrepreneurs, provided they repay a proportional share of the outstanding balance on their installment payments and a proportional share of any bidding credits they have received. Partitioning of PCS licenses is permitted in any service area defined by the parties. Disaggregation is allowed for any amount of spectrum, and the disaggregator will not be required to retain a minimum amount of spectrum. Where an entrepreneurs' block licensee partitions or disaggregates to another entrepreneur, separate installment payments and default obligations are established for each licensee. - more - - 2 - Partitionees and disaggregatees may hold their license for the remainder of the original license term and will be granted renewal expectancy similar to other PCS licensees. Partitioned license areas will be subject to buildout requirements similar to those for the original PCS licensees, but the requirements may be met by either or both licensees under options available to the parties. Partitionees and disaggregatees will have the same rights and obligations as original PCS licensees under the FCC microwave relocation rules, including rights and obligations established under the cost-sharing plan. The Commission also adopted a Further Notice of Proposed Rulemaking seeking comment on whether to permit partitioning and disaggregation for other wireless services where such rules have not previously been proposed or adopted, including disaggregation of cellular spectrum (partitioning is already allowed) and partitioning and disaggregation of the General Wireless Communications Service spectrum. Action by the Commission December 13, 1996, by Report & Order and Further Notice of Proposed Rulemaking (FCC 96-474). Chairman Hundt, Commissioners Quello, Ness, and Chong. - FCC - News Media contact: Kara Palamaras at (202) 418-0654. Wireless Telecommunications Bureau contact: Shaun A. Maher at (202) 418-0620.