[Code of Federal Regulations]

[Title 47, Volume 5]

[Revised as of October 1, 2005]

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

[CITE: 47CFR90.155]



[Page 319-320]

 

                       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 

sections 90.629, 90.631(f), 90.665, 90.685 and 90.1209, 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 Sec. Sec. 90.633(d) and 

90.631(f).

    (d) Multilateration LMS EA-licensees, authorized in accordance with 

Sec. 90.353, must construct and place in operation a sufficient number 

of base stations that utilize multilateration technology (see paragraph 

(e) of this section) to provide multilateration location service to one-

third of the EA's population within five years of initial license grant, 

and two-thirds of the population within ten years. Licensees may, in the 

alternative, provide substantial service to their licensed area



[[Page 320]]



within the appropriate five- and ten-year benchmarks. In demonstrating 

compliance with the construction and coverage requirements, the 

Commission will allow licensees to individually determine an appropriate 

field strength for reliable service, taking into account the 

technologies employed in their system design and other relevant 

technical factors. At the five- and ten-year benchmarks, licensees will 

be required to file a map and FCC Form 601 showing compliance with the 

coverage requirements (see Sec. 1.946 of this chapter).

    (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.

    (i) DSRCS Roadside Units (RSUs) in the 5850-5925 MHz band must be 

placed in operation within 12 months from the date of registration (see 

Sec. 90.375) or the authority to operate the RSUs cancels automatically 

(see Sec. 1.955 of this chapter). Such registration date(s) do not 

change the overall renewal period of the single license.



[65 FR 60875, Oct. 13, 2000, as amended at 68 FR 38639, June 30, 2003; 

69 FR 46443, Aug. 3, 2004; 69 FR 75172, Dec. 15, 2004]