Goto Section: 22.131 | 22.150 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 22.143 Construction prior to grant of application.
Applicants may construct facilities in the Public Mobile services prior
to grant of their applications, subject to the provisions of this
section, but must not operate such facilities until the FCC grants an
authorization. If the conditions stated in this section are not met,
applicants must not begin to construct facilities in the Public Mobile
(a) When applicants may begin construction. An applicant may begin
construction of a facility 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 FCC for any reason determines that
construction should not be started or should be stopped while an
application 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
(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
(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 FCC 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, except for successful bidders and tentative selectees in
the Cellular Radiotelephone Service;
(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 FCC rules;
(4) For any construction or alteration that would exceed the
requirements of § 17.7 of this chapter, the licensee has notified the
appropriate Regional Office of the Federal Aviation Administration (FAA
Form 7460-1), secured a valid FAA determination of “no hazard,” and
received antenna height clearance and obstruction marking and lighting
specifications (FCC Form 854R) from the FCC for the proposed
construction or alteration.
(5) The applicant has indicated in the application that the proposed
facility would not have a significant environmental effect, in
accordance with § § 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.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 70 FR 19308 , Apr. 13, 2005;
77 FR 3954 , Jan. 26, 2012; 79 FR 72151 , Dec. 5, 2014]
Goto Section: 22.131 | 22.150
Goto Year: 2020 |
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