FCC 1.946 Revised as of October 1, 2014
Goto Year:2013 |
§ 1.946 Construction and coverage requirements.
(a) Construction and commencement of service requirements. For each of
the Wireless Radio Services, requirements for construction and
commencement of service or commencement of operations are set forth in
the rule part governing the specific service. For purposes of this
section, the period between the date of grant of an authorization and
the date of required commencement of service or operations is referred
to as the construction period.
(b) Coverage and substantial service requirements. In certain Wireless
Radio Services, licensees must comply with geographic coverage
requirements or substantial service requirements within a specified
time period. These requirements are set forth in the rule part
governing each specific service. For purposes of this section, the
period between the date of grant of an authorization and the date that
a particular degree of coverage or substantial service is required is
referred to as the coverage period.
(c) Termination of authorizations. If a licensee fails to commence
service or operations by the expiration of its construction period or
to meet its coverage or substantial service obligations by the
expiration of its coverage period, its authorization terminates
automatically (in whole or in part as set forth in the service rules),
without specific Commission action, on the date the construction or
coverage period expires.
(d) Licensee notification of compliance. A licensee who commences
service or operations within the construction period or meets its
coverage or substantial services obligations within the coverage period
must notify the Commission by filing FCC Form 601. The notification
must be filed within 15 days of the expiration of the applicable
construction or coverage period. Where the authorization is
site-specific, if service or operations have begun using some, but not
all, of the authorized transmitters, the notification must show to
which specific transmitters it applies.
(e) Requests for extension of time. Licensees may request to extend a
construction period or coverage period by filing FCC Form 601. The
request must be filed before the expiration of the construction or
(1) An extension request may be granted if the licensee shows that
failure to meet the construction or coverage deadline is due to
involuntary loss of site or other causes beyond its control.
(2) Extension requests will not be granted for failure to meet a
construction or coverage deadline due to delays caused by a failure to
obtain financing, to obtain an antenna site, or to order equipment in a
timely manner. If the licensee orders equipment within 90 days of its
initial license grant, a presumption of diligence is established.
(3) Extension requests will not be granted for failure to meet a
construction or coverage deadline because the licensee undergoes a
transfer of control or because the licensee intends to assign the
authorization. The Commission will not grant extension requests solely
to allow a transferee or assignee to complete facilities that the
transferor or assignor failed to construct.
(4) The filing of an extension request does not automatically extend
the construction or coverage period unless the request is based on
involuntary loss of site or other circumstances beyond the licensee's
control, in which case the construction period is automatically
extended pending disposition of the extension request.
(5) A request for extension of time to construct a particular
transmitter or other facility does not extend the construction period
for other transmitters and facilities under the same authorization.
[ 63 FR 68933 , Dec. 14, 1998, as amended at 69 FR 46397 , Aug. 3, 2004;
71 FR 52749 , Sept. 7, 2006; 72 FR 48842 , Aug. 24, 2007]
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