§  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 §  17.7 of this chapter, the licensee has notified the
   appropriate Regional Office of the Federal Aviation Administration (FAA
   Form 7460-1), secured a valid FAA determination of “no hazard,” and
   received antenna height clearance and obstruction marking and lighting
   specifications (FCC Form 854R) from the FCC for the proposed
   construction or alteration.

   (5) The applicant has indicated in the application that the proposed
   facility would not have a significant environmental effect, in
   accordance with § §  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;
    77 FR 3954 , Jan. 26, 2012]

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