47 CFR 22.143 - Construction prior to grant of application.

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There is 1 rule appearing in the Federal Register for 47 CFR 22. View below or at eCFR (GPOAccess)
§ 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]

Title 47 published on 2014-10-01

The following are only the Rules published in the Federal Register after the published date of Title 47.

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  • 2014-12-05; vol. 79 # 234 - Friday, December 5, 2014
    1. 79 FR 72143 - Cellular Service, Including Changes in Licensing of Unserved Area
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      Final rule.
      Effective January 5, 2015, except for the amendments to 47 CFR 22.165(e), 47 CFR 22.948, and 47 CFR 22.953, which contain information collection requirements that have not yet been approved by the Office of Management and Budget (OMB). The Commission will publish a document in the Federal Register announcing the effective date of those three amendments.
      47 CFR Parts 1 and 22

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United States Code

Title 47 published on 2014-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 47 CFR 22 after this date.

  • 2014-12-22; vol. 79 # 245 - Monday, December 22, 2014
    1. 79 FR 76268 - FCC Seeks Comment on Cellular Service Reform of Licensing and Technical Rules, Including Power Limits
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      Proposed rule.
      Submit comments on or before January 21, 2015 and reply comments on or before February 20, 2015.
      47 CFR Parts 0, 1, and 22