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;

   (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 at WTB, Spectrum Management
   Resources and Technologies Division, 1270 Fairfield Road, Gettysburg, PA
   17325, or electronically via the FCC Antenna Structure Registration home
   page, wireless.fcc.gov/antenna/.

   (5)  The  applicant has indicated in the application that the proposed
   facility would not have a significant environmental effect, in accordance
   with  Sec.  Sec. 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.

   [ 59 FR 59507 , Nov. 17, 1994, as amended at  70 FR 19308 , Apr. 13, 2005]