Sec.  1.2113   Construction prior to grant of application.

   Subject to the provisions of this section, applicants for licenses awarded
   by competitive bidding may construct facilities to provide service prior to
   grant of their applications, 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 for licenses
   subject to competitive bidding.

   (a) When applicants may begin construction. An applicant may begin
   construction of a facility upon release of the Public Notice listing the
   post-auction long-form application for that facility as acceptable for
   filing.

   (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 does not include a request for a waiver of one or more
   FCC rules;

   (2) 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;

   (3) 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;

   (4) Under applicable international agreements and rules in this part,
   individual coordination of the proposed channel assignment(s) with a foreign
   administration is not required; and

   (5) Any service-specific restrictions not listed herein.

   [ 63 FR 2348 , Jan. 15, 1998]