Goto Section: 90.168 | 90.171 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 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
(b) Notification to stop. If the Commission 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 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
(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 § 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
(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.
Subpart H—Policies Governing the Assignment of Frequencies
Goto Section: 90.168 | 90.171
Goto Year: 2020 |
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