§ 1.946   Construction and coverage requirements.

   (a) Construction and commencement of service requirements. For each of the
   Wireless Radio Services, requirements for construction and commencement of
   service  or  commencement of operations are set forth in the rule part
   governing the specific service. For purposes of this section, the period
   between the date of grant of an authorization and the date of required
   commencement of service or operations is referred to as the construction
   period.

   (b) Coverage and substantial service requirements. In certain Wireless Radio
   Services, licensees must comply with geographic coverage requirements or
   substantial service requirements within a specified time period. These
   requirements are set forth in the rule part governing each specific service.
   For purposes of this section, the period between the date of grant of an
   authorization  and  the  date  that a particular degree of coverage or
   substantial service is required is referred to as the coverage period.

   (c) Termination of authorizations. If a licensee fails to commence service
   or operations by the expiration of its construction period or to meet its
   coverage  or  substantial service obligations by the expiration of its
   coverage period, its authorization terminates automatically (in whole or in
   part as set forth in the service rules), without specific Commission action,
   on the date the construction or coverage period expires.

   (d) Licensee notification of compliance. A licensee who commences service or
   operations  within  the  construction  period or meets its coverage or
   substantial services obligations within the coverage period must notify the
   Commission by filing FCC Form 601. The notification must be filed within 15
   days of the expiration of the applicable construction or coverage period.
   Where the authorization is site-specific, if service or operations have
   begun  using  some,  but  not all, of the authorized transmitters, the
   notification must show to which specific transmitters it applies.

   (e)  Requests for extension of time. Licensees may request to extend a
   construction period or coverage period by filing FCC Form 601. The request
   must be filed before the expiration of the construction or coverage period.

   (1) An extension request may be granted if the licensee shows that failure
   to meet the construction or coverage deadline is due to involuntary loss of
   site or other causes beyond its control.

   (2)  Extension  requests  will  not  be  granted for failure to meet a
   construction or coverage deadline due to delays caused by a failure to
   obtain financing, to obtain an antenna site, or to order equipment in a
   timely  manner. If the licensee orders equipment within 90 days of its
   initial license grant, a presumption of diligence is established.

   (3)  Extension  requests  will  not  be  granted for failure to meet a
   construction or coverage deadline because the licensee undergoes a transfer
   of control or because the licensee intends to assign the authorization. The
   Commission will not grant extension requests solely to allow a transferee or
   assignee to complete facilities that the transferor or assignor failed to
   construct.

   (4) The filing of an extension request does not automatically extend the
   construction or coverage period unless the request is based on involuntary
   loss of site or other circumstances beyond the licensee's control, in which
   case the construction period is automatically extended pending disposition
   of the extension request.

   (5) A request for extension of time to construct a particular transmitter or
   other  facility  does  not  extend  the  construction period for other
   transmitters and facilities under the same authorization.

   [ 63 FR 68933 , Dec. 14, 1998, as amended at  69 FR 46397 , Aug. 3, 2004;  71 FR 52749 , Sept. 7, 2006;  72 FR 48842 , Aug. 24, 2007]

   return arrow Back to Top