Sec. 22.142  Commencement of service; notification requirement.

    Stations must begin providing service to subscribers no later than 
the date of required commencement of service specified on the 
authorization. If service to subscribers has not begun by the date of 
required commencement of service, the authorization terminates, in whole 
or in part, without action by the FCC, pursuant to Sec. 21.144. 
Additional requirements for construction of facilities apply to cellular 
systems (see Sec. 22.946) and commercial aviation air-ground systems 
(see Sec. 22.873).
    (a) Construction period. The period between the date of grant of an 
authorization and the date of required commencement of service is 
referred to as the construction period. The terms of construction 
periods are given in the subparts of this part governing each Public 
Mobile Service.
    (b) Notification requirement. Licensees must notify the FCC (FCC 
Form 489) of commencement of service to subscribers. The notification 
must be mailed or delivered to the filing place (see Sec. 22.106) no 
later than 15 days after service begins.
    (1) The notification must state whether the station was constructed 
exactly as authorized or with minor changes.
    (2) If service to subscribers has begun using some, but not all, of 
the authorized transmitters, the notification must show to which 
specific transmitters it applies. Additional notifications must be filed 
if and when other transmitters commence providing service to 
subscribers. If the licensee no longer intends to construct and/or 
operate the remaining authorized transmitters, the notification should 
so state.
    (3) This section does not require licensees to notify the FCC of 
facilities added or modified pursuant to the provisions of Secs. 22.163 
and 22.165. It applies only to facilities specifically listed in

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authorizations for which a construction period is provided.
    (c) Requests for extension. Before the date of required commencement 
of service, licensees may file an application (FCC Form 600) requesting 
an extension of the construction period.
    (1) The FCC may grant applications for extension of the construction 
period if the licensee shows that failure to commence providing service 
to subscribers is due to causes beyond its control.
    (2) The FCC does not grant applications for extension of the 
construction period if failure to commence providing service to 
subscribers is due to delays caused by lack of financing, failure to 
obtain an antenna site, or failure to order equipment in a timely 
manner. If the licensee orders equipment within 90 days of authorization 
grant, a presumption of diligence is created.
    (3) The FCC does not grant applications for extension of the 
construction period if the licensee fails to commence providing service 
to subscribers because it intends to assign the authorization. The FCC 
does not grant applications for extension of the construction period 
solely to allow an assignee to complete facilities the assignor failed 
to construct.
    (d) Automatic extension for relocation. If, prior to the end of the 
construction period, a licensee files an application (FCC Form 600) to 
relocate a transmitter because of involuntary loss of the proposed site 
or for other reasons due to causes beyond the licensee's control, the 
construction period is automatically extended pending disposition of 
that application.
    (1) Extension of the construction period for one transmitter under 
this paragraph does not extend the construction period for other 
transmitter under the same authorization that are not to be relocated.
    (2) The filing of applications for modifications other than 
involuntary relocation does not automatically extend the construction 
period.
[ 59 FR 59507 , Nov. 17, 1994, as amended at  59 FR 59954 , Nov. 21, 1994]