[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: 47CFR90.169]



[Page 326-327]

 

                       TITLE 47--TELECOMMUNICATION

 

                         COMMISSION (CONTINUED)

 

PART 90_PRIVATE LAND MOBILE RADIO SERVICES--Table of Contents

 

                Subpart G_Applications and Authorizations

 

Sec. 90.169  Construction prior to grant of application.



    Applicants may construct facilities prior to grant of their 

applications, subject to the provisions of this section, but must not 

operate such facilities until the Commission grants an authorization. If 

the conditions stated in this section are not met, applicants must not 

begin to construct facilities.

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

construction of a facility thirty-five (35) days after the date of the 

Public Notice listing the application for that facility as acceptable 

for filing.

    (b) Notification to stop. If the Commission for any reason 

determines that construction should not be started or should be stopped 

while an application



[[Page 327]]



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 Commission 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;

    (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 Commission 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 

Commission;

    (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.