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

   Link to an amendment published at  72 FR 48859 , Aug. 24, 2007.

   (a) All stations authorized under this part, except as provided in sections
   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  Sec. 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  Sec.  Sec. 90.633(d) and 90.631(f).

   (d) Multilateration LMS EA-licensees, authorized in accordance with  Sec. 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  Sec. 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  Sec. 90.375) or
   the authority to operate the RSUs cancels automatically ( see  Sec. 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  Sec. 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]