Sec. 90.169  Construction prior to grant of application.

    Applicants may construct facilities prior to grant of their 
applications, subject to the provisions of this section, but must not 
operate such facilities until the Commission grants an authorization. If 
the conditions stated in this section are not met, applicants must not 
begin to construct facilities.
    (a) When applicants may begin construction. An applicant may begin 
construction of a facility thirty-five (35) days after the date of the 
Public Notice listing the application for that facility as acceptable 
for filing.
    (b) Notification to stop. If the Commission 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 Commission 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;
    (2) No petitions to deny the application have been filed;
    (3) The application does not include a request for a waiver of one 
or more Commission 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 
Commission;
    (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.

       Subpart H--Policies Governing the Assignment of Frequencies