[Code of Federal Regulations]
[Title 47, Volume 2]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR24.103]

[Page 137-138]
 
                       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 
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.

[[Page 138]]

    (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 p\0.17\

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]