Sec. 90.767  Construction and implementation of EA and Regional 
          licenses.

    (a) An EA or Regional licensee must construct a sufficient number of 
base stations (i.e., base stations for land mobile and/or paging 
operations) to provide coverage to:
    (1) At least one-third of the population of its EA or REAG within 
five years of the issuance of its initial license; and
    (2) At least two-thirds of the population of its EA or REAG within 
ten

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years of the issuance of its initial license.
    (b) EA and Regional licensees offering fixed services as part of 
their system, and EA and Regional licensees that have one or more 
incumbent, co-channel Phase I licensees authorized within their EA or 
REAG may meet the construction requirements of paragraph (a) of this 
section by demonstrating an appropriate level of substantial service at 
their five- and ten-year benchmarks.
    (c) Licensees must submit maps or other supporting documents to 
demonstrate compliance with the construction requirements of paragraphs 
(a) and (b) of this section.
    (d) Failure by an EA or Regional licensee to meet the construction 
requirements of paragraph (a) or (b) of this section, as applicable, 
will result in automatic cancellation of its entire EA or Regional 
license. In such instances, EA or Regional licenses will not be 
converted to individual, site-by-site authorizations for already 
constructed stations.
    (e) EA and Regional licensees will not be permitted to count the 
resale of the services of other providers in their EA or REAG, e.g., 
incumbent, Phase I licensees, to meet the construction requirement of 
paragraph (a) or (b) of this section, as applicable.
    (f) EA and Regional licensees will not be required to construct and 
place in operation, or commence service on, all of their authorized 
channels at all of their base stations or fixed stations.