[Code of Federal Regulations]
[Title 47, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR1.946]

[Page 240-241]
 
                       TITLE 47--TELECOMMUNICATION
 
              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
 
PART 1_PRACTICE AND PROCEDURE--Table of Contents
 
    Subpart F_Wireless Telecommunications Services Applications and 
                               Proceedings
 
Sec. 1.946  Construction and coverage requirements.

    (a) Construction and commencement of service requirements. For each 
of the Wireless Radio Services, requirements for construction and 
commencement of service or commencement of operations are set forth in 
the rule part governing the specific service. For purposes of this 
section, the period between the date of grant of an authorization and 
the date of required commencement of service or operations is referred 
to as the construction period.
    (b) Coverage and substantial service requirements. In certain 
Wireless Radio Services, licensees must comply with geographic coverage 
requirements or substantial service requirements within a specified time 
period. These requirements are set forth in the rule part governing each 
specific service. For purposes of this section, the period between the 
date of grant of an authorization and the date that a particular degree 
of coverage or substantial service is required is referred to as the 
coverage period.
    (c) Termination of authorizations. If a licensee fails to commence 
service or operations by the expiration of its construction period or to 
meet its coverage or substantial service obligations by the expiration 
of its coverage period, its authorization terminates automatically, 
without specific Commission action, on the date the construction or 
coverage period expires.
    (d) Licensee notification of compliance. A licensee who commences 
service or operations within the construction period or meets its 
coverage or substantial service obligations within the coverage period 
must notify the Commission by filing FCC Form 601. The notification must 
be filed with the Commission within 15 days of the expiration of the 
applicable construction or coverage period. Where the authorization is 
site-specific, if service or operations have begun using some, but not 
all, of the

[[Page 241]]

authorized transmitters, the notification must show to which specific 
transmitters it applies.
    (e) Requests for extension of time. Licensees may request to extend 
a construction period or coverage period by filing FCC Form 601. The 
request must be filed before the expiration of the construction or 
coverage period.
    (1) An extension request may be granted if the licensee shows that 
failure to meet the construction or coverage deadline is due to 
involuntary loss of site or other causes beyond its control.
    (2) Extension requests will not be granted for failure to meet a 
construction or coverage deadline due to delays caused by a failure to 
obtain financing, to obtain an antenna site, or to order equipment in a 
timely manner. If the licensee orders equipment within 90 days of its 
initial license grant, a presumption of diligence is established.
    (3) Extension requests will not be granted for failure to meet a 
construction or coverage deadline because the licensee undergoes a 
transfer of control or because the licensee intends to assign the 
authorization. The Commission will not grant extension requests solely 
to allow a transferee or assignee to complete facilities that the 
transferor or assignor failed to construct.
    (4) The filing of an extension request does not automatically extend 
the construction or coverage period unless the request is based on 
involuntary loss of site or other circumstances beyond the licensee's 
control, in which case the construction period is automatically extended 
pending disposition of the extension request.
    (5) A request for extension of time to construct a particular 
transmitter or other facility does not extend the construction period 
for other transmitters and facilities under the same authorization.

[63 FR 68933, Dec. 14, 1998]

    Effective Date Note: At 69 FR 46440, August 3, 2004, Sec. 1.946 was 
amended by adding a sentence to the end of paragraph (d), effective Oct. 
4, 2004. For the convenience of the user, the added text is set forth as 
follows:

Sec. 1.946  Construction and coverage requirements.

                                * * * * *

    (d) * * * This notification requirement is not applicable to 
authorizations subject to post-license registration requirements under 
the Dedicated Short-Range Communication Service (DSRCS), subpart M of 
part 90 of this chapter.

                                * * * * *