§  22.947   Five year build-out period.

   Except for systems authorized in the Gulf of Mexico Exclusive Zone, the
   licensee of the first cellular system authorized on each channel block
   in each cellular market is afforded a five year period, beginning on
   the date the initial authorization for the system is granted, during
   which it may expand the system within that market.

   (a) Exclusive right to expand within market. Except as provided in
   paragraph (b) of this section, the FCC does not accept applications for
   authority to operate a new cellular system in any unserved area in a
   market on a channel block during the five year build-out period.

   (b) Partitioned markets . During the five-year build-out period, the
   licensee of the first cellular system on each channel block in each
   market may enter into contracts with eligible parties, allowing such
   parties to apply by using FCC Form 601 for a new cellular system in
   that channel block within the market. The FCC may grant such
   applications if they are in compliance with the rules in this part.
   Markets with two or more authorized cellular systems on the same
   channel block during the five year build-out period are referred to
   (with respect to the affected channel block) as “partitioned markets”.

   (1) Partitioning contracts must define the CGSA of the subsequent
   cellular system in accordance with §  22.911, including any expansion
   rights ceded. If not exercised, any such expansion rights terminate at
   the end of the five year build-out period.

   (2) The five year build-out period begins on the date the initial
   authorization for the first cellular system is granted, and is not
   extended or affected in any way by the initial authorization of any
   subsequent cellular systems pursuant to paragraph (b) of this section.

   (c) System information update . Sixty days before the end of the five
   year build-out period, the licensee of each cellular system authorized
   on each channel block in each cellular market must file, in triplicate,
   a system information update (SIU), comprising a full size map, a
   reduced map, and an exhibit showing technical data relevant to
   determination of the system's CGSA. Separate maps must be submitted for
   each market into which the CGSA extends, showing the extension area in
   the adjacent market. Maps showing extension areas must be labeled (
   i.e. marked with the market number and channel block) for the market
   into which the CGSA extends. SIUs must accurately depict the relevant
   cell locations and coverage of the system at the end of the five year
   build-out period. SIUs must be filed at the Federal Communications
   Commission, Wireless Telecommunications Bureau, Mobility Division, 445
   12th Street, SW., Washington, DC 20554. If any changes to the system
   occur after the filing of the SIU, but before the end of the five year
   build-out period, the licensee must file, in triplicate, additional
   maps and/or data as necessary to insure that the cell locations and
   coverage of the system as of the end of the five year build-out period
   are accurately depicted.

   (1) The scale of the full-size map must be 1:500,000, regardless of
   whether any different scale is used for the reduced map. The map must
   have a legend, a distance scale and correctly labeled latitude and
   longitude lines. The map must be clear and legible. The map must
   accurately show the cell sites (transmitting antenna locations) which
   determine the CGSA, the entire CGSA, any extension of the composite
   service are boundary beyond the CGSA (see §  22.911) and the relevant
   portions of the cellular market boundary. The date on which the map
   depictions are accurate must appear on the map.

   (2) The reduced map must be a proportional reduction, to 81⁄2 ×11
   inches, of the full-size map required in paragraph (c)(1) of this
   section, unless it proves to be impractical to depict the entire market
   by reducing the full-size map. In such instance, an 81⁄2 ×11 inch map
   of a different scale may be substituted, provided that the required
   features of the full-size map are clearly depicted and labeled.

   [ 59 FR 59507 , Nov. 17, 1994, as amended at  59 FR 59954 , Nov. 21, 1994;
    63 FR 68951 , Dec. 14, 1998;  67 FR 13225 , Mar. 21, 2002;  67 FR 9609 ,
   Mar. 4, 2002;  70 FR 61058 , Oct. 20, 2005]

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