§ 22.949   Unserved Area licensing; minimum coverage requirements.

   (a)  The  Unserved Area licensing process described in this section is
   on-going and applications may be filed at any time, subject to the following
   coverage requirements:

   (1) Applicants for authority to operate a new Cellular system or expand an
   existing Cellular Geographic Service Area (CGSA) in Unserved Area must
   propose  a  CGSA  or  CGSA expansion of at least 130 contiguous square
   kilometers (50 contiguous square miles) using the methodology of § 22.911.

   (2) Applicants for authority to operate a new Cellular system must not
   propose coverage of water areas only (or water areas and uninhabited islands
   or reefs only), except for Unserved Area in the Gulf of Mexico Service Area.

   (b) There is no limit to the number of Unserved Area applications that may
   be  granted  on  each channel block of each CMA that is subject to the
   procedures of this section. Consequently, Unserved Area applications are
   mutually  exclusive only if the proposed CGSAs would overlap. Mutually
   exclusive applications are processed using the general procedures under
   § 22.131.

   (c)  Unserved  Area applications under this section may propose a CGSA
   covering more than one CMA. Each Unserved Area application must request
   authorization for only one CGSA and must not propose a CGSA overlap with an
   existing CGSA.

   (d) Settlements among some, but not all, applicants with mutually exclusive
   applications for Unserved Area (partial settlements) under this section are
   prohibited.  Settlements  among all applicants with mutually exclusive
   applications under this section (full settlements) are allowed and must be
   filed no later than the date that the FCC Form 175 (short-form) is filed.

   [ 79 FR 72152 , Dec. 5, 2014]

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