§  90.155   Time in which station must be placed in operation.

   (a) All stations authorized under this part, except as provided in
   § § 90.528, 90.529, 90.629, 90.631(f), 90.665, 90.685, and 90.1209,
   must be placed in operation within twelve (12) months from the date of
   grant or the authorization cancels automatically and must be returned
   to the Commission.

   (b) A local government entity in the Public Safety Pool, applying for
   any frequency in this part, may also seek extended implementation
   authorization pursuant to § 90.629.

   (c) For purposes of this section, a base station is not considered to
   be placed in operation unless at least one associated mobile station is
   also placed in operation. See also § § 90.633(d) and 90.631(f).

   (d) Multilateration LMS EA-licensees, authorized in accordance with
   § 90.353, must construct and place in operation a sufficient number of
   base stations that utilize multilateration technology ( see paragraph
   (e) of this section) to provide multilateration location service to
   one-third of the EA's population within five years of initial license
   grant, and two-thirds of the population within ten years. Licensees
   may, in the alternative, provide substantial service to their licensed
   area within the appropriate five- and ten-year benchmarks. In
   demonstrating compliance with the construction and coverage
   requirements, the Commission will allow licensees to individually
   determine an appropriate field strength for reliable service, taking
   into account the technologies employed in their system design and other
   relevant technical factors. At the five- and ten-year benchmarks,
   licensees will be required to file a map and FCC Form 601 showing
   compliance with the coverage requirements ( see § 1.946 of this
   chapter).

   (e) A multilateration LMS station will be considered constructed and
   placed in operation if it is built in accordance with its authorized
   parameters and is regularly interacting with one or more other stations
   to provide location service, using multilateration technology, to one
   or more mobile units. Specifically, LMS multilateration stations will
   only be considered constructed and placed in operation if they are part
   of a system that can interrogate a mobile, receive the response at 3 or
   more sites, compute the location from the time of arrival of the
   responses and transmit the location either back to the mobile or to a
   subscriber's fixed site.

   (f) 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.

   (g) Application for extension of time to commence service may be made
   on FCC Form 601. 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 its 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.

   (h) 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 FCC
   Form 601, either separately or in conjunction with the submission of
   the FCC Form 601 requesting modification.

   (i) DSRCS Roadside Units (RSUs) in the 5850-5925 MHz band must be
   placed in operation within 12 months from the date of registration (
   see § 90.375) or the authority to operate the RSUs cancels
   automatically ( see § 1.955 of this chapter). Such registration date(s)
   do not change the overall renewal period of the single license.
   Licensees must notify the Commission in accordance with § 1.946 of this
   chapter when registered units are placed in operation within their
   construction period.

   [ 65 FR 60875 , Oct. 13, 2000, as amended at  68 FR 38639 , June 30, 2003;
    69 FR 46443 , Aug. 3, 2004;  69 FR 75172 , Dec. 15, 2004;  71 FR 52749 ,
   Sept. 7, 2006;  72 FR 48859 , Aug. 24, 2007]