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.

   (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 Sec. Sec. 21.950 through
   21.960 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, as amended at  68 FR 42998 , July 21, 2003]