Sec. 90.629  Extended implementation period.

    Applicants requesting frequencies for either trunked or conventional 
operations may be authorized a period of up to five (5) years for 
constructing and placing a system in operation in accordance with the 
following:
    (a) The applicant must justify an extended implementation period. 
The justification must describe the proposed system, state the amount of 
time necessary to construct and place the system in operation, identify 
the number of base stations to be constructed and placed in operation 
during each year of the extended construction period, and show that:
    (1) The proposed system will require longer than eight months (if a 
conventional system) or one year (if a trunked system) to construct and 
place in operation because of its purpose, size, or complexity; or
    (2) The proposed system is to be part of a coordinated or integrated 
wide-area system which will require more than eight months (if a 
conventional

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system) or one year (if a trunked system) to plan, approve, fund, 
purchase, construct, and place in operation; or
    (3) The applicant is required by law to follow a multi-year cycle 
for planning, approval, funding, and purchasing the proposed system.
    (b) Where an applicant is required by law to follow a multi-year 
cycle for planning, approval, funding and purchasing a proposed system, 
the applicant must indicate whether funding approval has been obtained 
and if not, when such funding approval is expected.
    (c) Authorizations under this section are conditioned upon the 
licensee constructing and placing its system in operation within the 
authorized implementation period and in accordance with an approved 
implementation plan of up to five years. Licensees must certify annually 
that they are in compliance with their yearly station construction 
commitments, but may request amendment to these commitments at the time 
they file their annual certification. If the Commission approves the 
requested amendments to a licensee's implementation commitments, the 
licensee's extended implementation authority will remain in effect. If, 
however, the Commission concludes, at this or any other time, that a 
licensee has failed to meet its commitments, the Commission will 
terminate authority for the extended implementation period. When the 
Commission terminates an extended implementation authority, the affected 
licensee will be given six months from the date of termination to 
complete system construction. At the end of any licensee's extended 
implementation period, authorizations for all stations not constructed 
and placed in operation will be cancelled. Trunked systems granted an 
extended implementation period must comply with the channel loading 
requirements of section 90.631(b). Conventional channels not loaded to 
70 mobile units may be subject to shared use by the addition of other 
licensees.
    (d) Applicants eligible in the Industrial/Land Transportation 
Category requesting authorizations under this section may request 
frequencies in the Business Category only if the application contains a 
statement that no frequencies in the Industrial/Land Transportation 
Category are available for assignment in their geographic area.
    (e) As of March 18, 1996, Specialized Mobile Radio systems are not 
eligible for extended implementation periods under this section. 
Additionally, all 800 MHz SMR licensees that are operating under 
extended implementation authority as of March 18, 1996 must, by May 16, 
1996, demonstrate that continuing to allow them to have an extended 
period of time to construct their facilities is warranted and furthers 
the public interest. If a licensee's extended implementation authority 
showing is approved by the Bureau, such licensee will be afforded an 
extended implementation of two years or the remainder of its current 
extended implementation period, whichever is shorter. Upon the 
termination of this period, the authorizations for those facilities that 
remain unconstructed will terminate automatically. If a licensee with a 
current extended implementation period fails to submit the showing 
mentioned above within the designated timeframe or submits an 
insufficient or incomplete showing, such licensee will have six months 
from the last day on which it could timely file such a showing or from 
the disapproval of its request to construct the remaining facilities 
covered under its implementation plan to construct any unconstructed 
facilities for which it is authorized. The authorizations for those 
facilities remaining unconstructed after this six-month period will 
terminate automatically.
[ 58 FR 34379 , June 25, 1993, as amended at  61 FR 6157 , Feb. 16, 1996]