[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: 47CFR24.103]



[Page 232-233]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 24_PERSONAL COMMUNICATIONS SERVICES--Table of Contents

 

                        Subpart D_Narrowband PCS

 

Sec. 24.103  Construction requirements.



    (a) Nationwide narrowband PCS licensees shall construct base 

stations that provide coverage to a composite area of 750,000 square 

kilometers or serve 37.5 percent of the U.S. population within five 

years of initial license grant date; and, shall construct base stations 

that provide coverage to a composite area of 1,500,000 square kilometers 

or serve 75 percent of the U.S. population within ten years of initial 

license grant date. Licensees may, in the alternative, provide 

substantial service to the licensed area as provided in paragraph (d) of 

this section.

    (b) Regional narrowband PCS licensees shall construct base stations 

that provide coverage to a composite area of 150,000 square kilometers 

or serve 37.5 percent of the population of the service area within five 

years of initial license grant date; and, shall construct base stations 

that provide coverage to a composite area of 300,000 square kilometers 

or serve 75 percent of the service area population within ten years of 

initial license grant date. Licensees may, in the alternative, provide 

substantial service to the licensed area as provided in paragraph (d) of 

this section.

    (c) MTA narrowband PCS licensees shall construct base stations that 

provide coverage to a composite area of 75,000 square kilometers or 25 

percent of the geographic area, or serve 37.5 percent of the population 

of the service area within five years of initial license grant date; 

and, shall construct base stations that provide coverage to a composite 

area of 150,000 square kilometers or 50 percent of the geographic area, 

or serve 75 percent of the population of the service area within ten



[[Page 233]]



years of initial license grant date. Licensees may, in the alternative, 

provide substantial service to the licensed area as provided in 

paragraph (d) of this section.

    (d) As an alternative to the requirements of paragraphs (a), (b), 

and (c) of this section, narrowband PCS licensees may demonstrate that, 

no later than ten years after the initial grant of their license, they 

provide substantial service to their licensed area. Licensees choosing 

this option must notify the FCC by filing FCC Form 601, no later than 15 

days after the end of the five year period following the initial grant 

of their license, that they plan to satisfy the alternative requirement 

to provide substantial service. ``Substantial service'' is defined as 

service that is sound, favorable, and substantially above a level of 

mediocre service that would barely warrant renewal.

    (e) In demonstrating compliance with the construction requirements 

set forth in this section, licensees must base their calculations on 

signal field strengths that ensure reliable service for the technology 

utilized. Licensees may determine the population of geographic areas 

included within their service contours using either the 1990 census or 

the 2000 census, but not both.

    (1) For the purpose of this section, the service radius of a base 

station may be calculated using the following formula:



dkm = 2.53 x hm0.34 x p0.17



where dkm is the radial distance in kilometers,

hm is the antenna HAAT of the base station in meters, and

p is the e.r.p. of the base station in watts.



    (2) Alternatively, licensees may use any service radius contour 

formula developed or generally used by industry, provided that such 

formula is based on the technical characteristics of their system.

    (f) Upon meeting the five and ten year benchmarks in paragraphs (a), 

(b), and (c) of this section, or upon meeting the substantial service 

alternative in paragraph (d), licensees shall notify the Commission by 

filing FCC Form 601 and including a map and other supporting 

documentation that demonstrate the required geographic area coverage, 

population coverage, or substantial service to the licensed area. The 

notification must be filed with the Commission within 15 days of the 

expiration of the relevant period.

    (g) If the sale of a license is approved, the new licensee is held 

to the original build-out requirement.

    (h) Failure by a licensee to meet the above construction 

requirements shall result in forfeiture of the license and ineligibility 

to regain it.



[59 FR 14118, Mar. 25, 1994, as amended at 65 FR 35852, June 6, 2000]