Sec. 22.143  Construction prior to grant of application.

    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;

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    (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 Secs. 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.