Sec. 21.930  Five-year build-out requirements.

    (a)(1) A BTA authorization holder has a five-year build-out period, 
beginning on the date of the grant of the BTA authorization and 
terminating on the 5th year anniversary of the grant of the 
authorization, within which it may develop and expand MDS station 
operations within its service area.
    (2) This period is not extended by the grant of subsequent 
authorizations (i.e., grant of a station license or modification).
    (3) Timely certifications of completion of construction for each MDS 
station within a BTA or partitioned service area must be filed upon 
completion of construction of a station.

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    (b) Each BTA authorization holder has the exclusive right to build, 
develop, expand and operate MDS stations within its BTA service area 
during the five-year build-out period. The Commission will not accept 
competing applications for MDS station licenses within the BTA service 
area during this period.
    (c)(1) Within five years of the grant of a BTA authorization, the 
authorization holder must construct MDS stations to provide signals 
pursuant to Sec. 21.907 that are capable of reaching at least two-thirds 
of the population of the applicable service area, excluding the 
populations within protected service areas of incumbent stations.
    (2) Sixty days prior to the end of the five-year build out period, 
the BTA authorization holder must file with the Commission proof that 
demonstrates the holder has met the requirements of Sec. 21.930(c)(1). 
The most recent census figures available from the U.S. Department of 
Commerce, Bureau of Census prior to the expiration of the authorization 
holder's five-year build-out period will be used to determine compliance 
with population-based requirements. In no event shall census figures 
gathered prior to 1990 be used.
    (d)(1) If the Commission finds that the BTA authorization holder has 
demonstrated that it has met the requirements of Sec. 21.930(c)(1), the 
Commission will issue a declaration that the holder has met such 
requirements.
    (2) If the Commission finds that the BTA authorization holder has 
not provided a signal as required in Sec. 21.930(c)(1), the Commission 
shall partition from the BTA any unserved area, using county lines as a 
guide, and shall re-authorize service to the unserved area pursuant to 
the MDS competitive bidding procedures of this subpart. Applications for 
such unserved areas are not acceptable for filing until a filing date is 
announced through a public notice.
    (i) The competitive bidding procedures set forth in Secs. 21.950 to 
21.961 shall be followed by applicants seeking authority to provide MDS 
service to the unserved partitioned area.
    (ii) The BTA authorization holder originally authorized to provide 
service is ineligible to participate in the competitive bidding process 
for the unserved areas partitioned from its BTA.
[ 60 FR 36555 , July 17, 1995]