[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR22.143]



[Page 116]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 22_PUBLIC MOBILE SERVICES--Table of Contents

 

             Subpart B_Licensing Requirements and Procedures

 

Sec. 22.143  Construction prior to grant of application.



    Applicants may construct facilities in the Public Mobile services 

prior to grant of their applications, subject to the provisions of this 

section, but must not operate such facilities until the FCC grants an 

authorization. If the conditions stated in this section are not met, 

applicants must not begin to construct facilities in the Public Mobile 

Services.

    (a) When applicants may begin construction. An applicant may begin 

construction of a facility 35 days after the date of the Public Notice 

listing the application for that facility as acceptable for filing, 

except that an applicant whose application to operate a new cellular 

system was selected in a random selection process may begin construction 

of that new cellular system 35 days after the date of the Public Notice 

listing it as the tentative selectee.

    (b) Notification to stop. If the FCC for any reason determines that 

construction should not be started or should be stopped while an 

application is pending, and so notifies the applicant, orally (followed 

by written confirmation) or in writing, the applicant must not begin 

construction or, if construction has begun, must stop construction 

immediately.

    (c) Assumption of risk. Applicants that begin construction pursuant 

to this section before receiving an authorization do so at their own 

risk and have no recourse against the United States for any losses 

resulting from:

    (1) Applications that are not granted;

    (2) Errors or delays in issuing Public Notices;

    (3) Having to alter, relocate or dismantle the facility; or

    (4) Incurring whatever costs may be necessary to bring the facility 

into compliance with applicable laws, or FCC rules and orders.

    (d) Conditions. Except as indicated, all pre-grant construction is 

subject to the following conditions:

    (1) The application is not mutually exclusive with any other 

application, except for successful bidders and tentative selectees in 

the Cellular Radiotelephone Service;

    (2) No petitions to deny the application have been filed;

    (3) The application does not include a request for a waiver of one 

or more FCC rules;

    (4) For any construction or alteration that would exceed the 

requirements of Sec. 17.7 of this chapter, the licensee has notified 

the appropriate Regional Office of the Federal Aviation Administration 

(FAA Form 7460-1), filed a request for antenna height clearance and 

obstruction marking and lighting specifications (FCC Form 854) with the 

FCC, PRB, Support Services Branch, Gettysburg, PA 17325;

    (5) The applicant has indicated in the application that the proposed 

facility would not have a significant environmental effect, in 

accordance with Sec. Sec. 1.1301 through 1.1319 of this chapter; and,

    (6) Under applicable international agreements and rules in this 

part, individual coordination of the proposed channel assignment(s) with 

a foreign administration is not required.