Sec.  22.143   Construction prior to grant of application.

   

   Link to an amendment published at  70 FR 19308 , Apr. 13, 2005.

   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 Services.

   (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,
   except  that  an applicant whose application to operate a new cellular
   system   was   selected  in  a  random  selection  process  may  begin
   construction of that new cellular system 35 days after the date of the
   Public Notice listing it as the tentative selectee.

   (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 immediately.

   (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 from:

   (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  Sec. 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 FCC, PRB, Support Services Branch, Gettysburg, PA 17325;

   (5)  The  applicant has indicated in the application that the proposed
   facility  would  not  have  a  significant  environmental  effect,  in
   accordance with Sec. Sec. 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.