[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: 47CFR24.203]



[Page 237-238]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 24_PERSONAL COMMUNICATIONS SERVICES--Table of Contents

 

                         Subpart E_Broadband PCS

 

Sec. 24.203  Construction requirements.



    (a) Licensees of 30 MHz blocks must serve with a signal level 

sufficient to provide adequate service to at least one-third of the 

population in their licensed area within five years of being licensed 

and two-thirds of the population in their licensed area within 10 years 

of being licensed. Licensees may choose to define population using the 

1990 census or the 2000 census. Failure by any licensee to meet these 

requirements will result in forfeiture or non-renewal of the license and 

the licensee will be ineligible to regain it.

    (b) Licensees of 10 MHz blocks, including 10 MHz C block licenses 

reconfigured pursuant to Amendment of the Commission's Rules Regarding 

Installment Payment Financing for Personal Communications Services (PCS) 

Licensees, WT Docket No. 97-82, Sixth Report and Order, FCC 00-313, and 

15 MHz blocks resulting from the disaggregation option as provided in 

the Commission's Rules Regarding Installment payment Financing for 

Personal Communications Services (PCS) Licensees, Second Report and 

Order and Further Notice of Proposed Rule Making, WT Docket 97-82, 12 

FCC Rcd 16436 (1997), as modified by Order on Reconsideration of the 

Second Report and Order, WT Docket 97-82, 13 FCC Rcd 8345 (1998), must 

serve with a signal level sufficient to provide adequate service to at 

least one-quarter of the population in their licensed area within five 

years of being licensed, or make a showing of substantial service in 

their licensed area within five years of being licensed. Population is 

defined as the 1990 population census. Licensees may elect to use the 

2000 population census to determine the five-year construction 

requirement. Failure by any licensee to meet these requirements will 

result in forfeiture of the license



[[Page 238]]



and the licensee will be ineligible to regain it.

    (c) Licensees must file maps and other supporting documents showing 

compliance with the respective construction requirements within the 

appropriate five- and ten-year benchmarks of the date of their initial 

licenses.



[58 FR 59183, Nov. 8, 1993, as amended at 64 FR 26890, May 18, 1999; 65 

FR 53636, Sept. 5, 2000]