§ 90.629   Extended implementation period.

   Applicants  requesting  frequencies for either trunked or conventional
   operations  may  be  authorized  a  period of up to five (5) years for
   constructing  and placing a system in operation in accordance with the
   following:

   (a)  The applicant must justify an extended implementation period. The
   justification must describe the proposed system, state the amount of time
   necessary to construct and place the system in operation, identify the
   number of base stations to be constructed and placed in operation during
   each year of the extended construction period, and show that:

   (1) The proposed system will require longer than twelve (12) months to
   construct  and  place  in  operation  because of its purpose, size, or
   complexity; or

   (2)  The  proposed system is to be part of a coordinated or integrated
   wide-area system which will require more than twelve (12) months to plan,
   approve, fund, purchase, construct, and place in operation; or

   (3)  The applicant is required by law to follow a multi-year cycle for
   planning, approval, funding, and purchasing the proposed system.

   (b) Where an applicant is required by law to follow a multi-year cycle for
   planning, approval, funding and purchasing a proposed system, the applicant
   must indicate whether funding approval has been obtained and if not, when
   such funding approval is expected.

   (c) Authorizations under this section are conditioned upon the licensee
   constructing and placing its system in operation within the authorized
   implementation period and in accordance with an approved implementation plan
   of up to five years. Licensees must notify the Commission annually, using
   FCC  Form  601,  that they are in compliance with their yearly station
   construction commitments, but may request amendment to these commitments at
   the time they file their annual certification. If the Commission approves
   the requested amendments to a licensee's implementation commitments, the
   licensee's extended implementation authority will remain in effect. If,
   however,  the  Commission concludes, at this or any other time, that a
   licensee has failed to meet its commitments, the Commission will terminate
   authority  for the extended implementation period. When the Commission
   terminates an extended implementation authority, the affected licensee will
   be  given  six  months from the date of termination to complete system
   construction. At the end of any licensee's extended implementation period,
   authorizations for all stations not constructed and placed in operation will
   be cancelled. Trunked systems granted an extended implementation period must
   comply  with  the  channel  loading requirements of section 90.631(b).
   Conventional channels not loaded to 70 mobile units may be subject to shared
   use by the addition of other licensees.

   (d) [Reserved]

   (e) As of March 18, 1996, Specialized Mobile Radio systems are not eligible
   for extended implementation periods under this section. Additionally, all
   800 MHz SMR licensees that are operating under extended implementation
   authority as of March 18, 1996 must, by May 16, 1996, demonstrate that
   continuing to allow them to have an extended period of time to construct
   their  facilities  is warranted and furthers the public interest. If a
   licensee's extended implementation authority showing is approved by the
   Bureau, such licensee will be afforded an extended implementation of two
   years  or the remainder of its current extended implementation period,
   whichever  is  shorter.  Upon  the  termination  of  this  period, the
   authorizations for those facilities that remain unconstructed will terminate
   automatically. If a licensee with a current extended implementation period
   fails to submit the showing mentioned above within the designated timeframe
   or submits an insufficient or incomplete showing, such licensee will have
   six months from the last day on which it could timely file such a showing or
   from the disapproval of its request to construct the remaining facilities
   covered  under  its implementation plan to construct any unconstructed
   facilities  for  which  it is authorized. The authorizations for those
   facilities  remaining  unconstructed  after this six-month period will
   terminate automatically.

   (f) Pursuant to § 90.155(b), the provisions of this section shall apply to
   local government entities applying for any frequency in the Public Safety
   Pool.

   [ 58 FR 34379 , June 25, 1993, as amended at  61 FR 6157 , Feb. 16, 1996;  63 FR 68969 , Dec. 14, 1998;  65 FR 60877 , Oct. 13, 2000;  69 FR 67489 , Nov. 22,
   2004]

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