§  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 at least one-third of the population
   of its EA or REAG within five years of the issuance of its initial
   license and at least two-thirds of the population of its EA or REAG
   within ten years of the issuance of its initial license. Licensees may,
   in the alternative, provide substantial service to their licensed areas
   at the appropriate five- and ten-year benchmarks.

   (b) Licensees must notify the Commission in accordance with § 1.946 of
   this chapter of compliance with the Construction requirements of
   paragraph (a) of this section.

   (c) Failure by an EA or Regional licensee to meet the construction
   requirements of paragraph (a) 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.

   (d) 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) of this section, as applicable.

   (e) 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.

   [ 69 FR 75172 , Dec. 15, 2004]