[Code of Federal Regulations]
[Title 47, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR90.155]

[Page 327-328]
 
                       TITLE 47--TELECOMMUNICATION
 
                         COMMISSION (CONTINUED)
 
PART 90--PRIVATE LAND MOBILE RADIO SERVICES--Table of Contents
 
               Subpart G--Applications and Authorizations
 
Sec. 90.155  Time in which station must be placed in operation.

    (a) All stations authorized under this part, except as provided in 
Secs. 90.629, 90.631(f), 90.665, and 90.685, must be placed in operation 
within twelve (12) months from the date of grant or the authorization 
cancels automatically and must be returned to the Commission.
    (b) A local government entity in the Public Safety Pool, applying 
for any frequency in this part, may also seek extended implementation 
authorization pursuant to Sec. 90.629.
    (c) For purposes of this section, a base station is not considered 
to be placed in operation unless at least one associated mobile station 
is also placed in operation. See also Secs. 90.633(d) and 90.631(f).
    (d) Multilateration LMS systems authorized in accordance with 
Sec. 90.353

[[Page 328]]

must be constructed and placed in operation within twelve (12) months 
from the date of grant or the authorization cancels automatically and 
must be returned to the Commission. MTA-licensed multilateration LMS 
systems will be considered constructed and placed in operation if such 
systems construct a sufficient number of base stations that utilize 
multilateration technology (see paragraph (e) of this section) to 
provide multilateration location service to a substantial portion of at 
least one BTA in the MTA.
    (e) A multilateration LMS station will be considered constructed and 
placed in operation if it is built in accordance with its authorized 
parameters and is regularly interacting with one or more other stations 
to provide location service, using multilateration technology, to one or 
more mobile units. Specifically, LMS multilateration stations will only 
be considered constructed and placed in operation if they are part of a 
system that can interrogate a mobile, receive the response at 3 or more 
sites, compute the location from the time of arrival of the responses 
and transmit the location either back to the mobile or to a subscriber's 
fixed site.
    (f) For purposes of this section, a station licensed to provide 
commercial mobile radio service is not considered to have commenced 
service unless it provides service to at least one unaffiliated party.
    (g) Application for extension of time to commence service may be 
made on FCC Form 601. Extensions of time must be filed prior to the 
expiration of the construction period. Extensions will be granted only 
if the licensee shows that the failure to commence service is due to 
causes beyond its control. No extensions will be granted for delays 
caused by lack of financing, lack of site availability, for the 
assignment or transfer of control of an authorization, or for failure to 
timely order equipment. If the licensee orders equipment within 90 days 
of the license grant, a presumption of due diligence is created.
    (h) An application for modification of an authorization (under 
construction) at the existing location does not extend the initial 
construction period. If additional time to commence service is required, 
a request for such additional time must be submitted on FCC Form 601, 
either separately or in conjunction with the submission of the FCC Form 
601 requesting modification.

[65 FR 60875, Oct. 13, 2000]