FCC 22.947 Revised as of December 4, 2012
Goto Year:2011 |
§ 22.947 Five year build-out period.
Except for systems authorized in the Gulf of Mexico Exclusive Zone, the
licensee of the first cellular system authorized on each channel block
in each cellular market is afforded a five year period, beginning on
the date the initial authorization for the system is granted, during
which it may expand the system within that market.
(a) Exclusive right to expand within market. Except as provided in
paragraph (b) of this section, the FCC does not accept applications for
authority to operate a new cellular system in any unserved area in a
market on a channel block during the five year build-out period.
(b) Partitioned markets . During the five-year build-out period, the
licensee of the first cellular system on each channel block in each
market may enter into contracts with eligible parties, allowing such
parties to apply by using FCC Form 601 for a new cellular system in
that channel block within the market. The FCC may grant such
applications if they are in compliance with the rules in this part.
Markets with two or more authorized cellular systems on the same
channel block during the five year build-out period are referred to
(with respect to the affected channel block) as “partitioned markets”.
(1) Partitioning contracts must define the CGSA of the subsequent
cellular system in accordance with § 22.911, including any expansion
rights ceded. If not exercised, any such expansion rights terminate at
the end of the five year build-out period.
(2) The five year build-out period begins on the date the initial
authorization for the first cellular system is granted, and is not
extended or affected in any way by the initial authorization of any
subsequent cellular systems pursuant to paragraph (b) of this section.
(c) System information update . Sixty days before the end of the five
year build-out period, the licensee of each cellular system authorized
on each channel block in each cellular market must file, in triplicate,
a system information update (SIU), comprising a full size map, a
reduced map, and an exhibit showing technical data relevant to
determination of the system's CGSA. Separate maps must be submitted for
each market into which the CGSA extends, showing the extension area in
the adjacent market. Maps showing extension areas must be labeled (
i.e. marked with the market number and channel block) for the market
into which the CGSA extends. SIUs must accurately depict the relevant
cell locations and coverage of the system at the end of the five year
build-out period. SIUs must be filed at the Federal Communications
Commission, Wireless Telecommunications Bureau, Mobility Division, 445
12th Street, SW., Washington, DC 20554. If any changes to the system
occur after the filing of the SIU, but before the end of the five year
build-out period, the licensee must file, in triplicate, additional
maps and/or data as necessary to insure that the cell locations and
coverage of the system as of the end of the five year build-out period
are accurately depicted.
(1) The scale of the full-size map must be 1:500,000, regardless of
whether any different scale is used for the reduced map. The map must
have a legend, a distance scale and correctly labeled latitude and
longitude lines. The map must be clear and legible. The map must
accurately show the cell sites (transmitting antenna locations) which
determine the CGSA, the entire CGSA, any extension of the composite
service are boundary beyond the CGSA (see § 22.911) and the relevant
portions of the cellular market boundary. The date on which the map
depictions are accurate must appear on the map.
(2) The reduced map must be a proportional reduction, to 81⁄2 ×11
inches, of the full-size map required in paragraph (c)(1) of this
section, unless it proves to be impractical to depict the entire market
by reducing the full-size map. In such instance, an 81⁄2 ×11 inch map
of a different scale may be substituted, provided that the required
features of the full-size map are clearly depicted and labeled.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59954 , Nov. 21, 1994;
63 FR 68951 , Dec. 14, 1998; 67 FR 13225 , Mar. 21, 2002; 67 FR 9609 ,
Mar. 4, 2002; 70 FR 61058 , Oct. 20, 2005]
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