FCC Seeks Public Comment on Partitioning, Disaggregation, & Spectrum Leasing Rules

The Federal Communications Commission opened a Notice of Proposed Rulemaking to develop a record on whether the existing partitioning, disaggregation, and spectrum leasing rules have succeeded and to evaluate whether they could be modified. Specifically, the Notice:

1. Seeks comment on whether to establish a program, or modify existing programs, for partitioning, disaggregation, and spectrum leasing as a potential means to increase the availability of advanced telecommunications services in rural areas and spectrum access by small carriers.
2. Asks commenters to address the three considerations delineated in the MOBILE NOW Act:
   • Whether reduced performance requirements applicable to partitioned or disaggregated licenses would promote the availability of advanced telecommunications services in rural areas or spectrum availability for small covered carriers;
   • What conditions may be needed to eliminate impediments to transfers of spectrum to small carriers to allow them to build out in a reasonable time; and
   • What incentives may encourage licensees to lease or sell spectrum to small carriers or unaffiliated carriers that will serve rural areas.
3. Seeks comment on whether to allow “reaggregation” for spectrum that has been partitioned or disaggregated on the secondary market—up to the size of the original market area.