Sec. 90.167  Time in which a station must commence service.

    (a) Unless otherwise specified in this part, all 220-222 MHz, 
private carrier paging, Industrial/Business Pool, and SMR licensees must 
commence service within twelve (12) months from the date of grant or the 
authorization cancels automatically and must be returned to the 
Commission.
    (b) For purposes of this section, a station licensed to provide 
commercial mobile radio service is not considered to have commenced 
service unless it provides service to at least one unaffiliated party.
    (c) Application for extension of time to commence service may be 
made on Commission Form 600. Extensions of time must be filed prior to 
the expiration of the construction period. Extensions will be granted 
only if the licensee shows that the failure to commence service is due 
to causes beyond his or her control. No extensions will be granted for 
delays caused by lack of financing, lack of site availability, for the 
assignment or transfer of control of an authorization, or for failure to 
timely order equipment. If the licensee orders equipment within 90 days 
of the license grant, a presumption of due diligence is created.
    (d) An application for modification of an authorization (under 
construction) at the existing location does not extend the initial 
construction period. If additional time to commence service is required, 
a request for such additional time must be submitted on Commission Form 
600, either separately or in conjunction with the submission of the 
Commission Form 600 requesting modification.
[ 59 FR 59959 , Nov. 21, 1994, as amended at  62 FR 18925 , Apr. 17, 1997]

    Effective Date Note: At  62 FR 18925 , Apr. 17, 1997, Sec. 90.167 was 
amended by revising paragraph (a), effective Oct. 17, 1997.