Sec.  90.665   Authorization, construction and implementation of MTA licenses.

   (a) MTA licenses in the 896–901/935–940 MHz band will be issued for a term
   not to exceed ten years.

   (b) MTA licensees in the 896–901/935–940 MHz band will be permitted five
   years to construct their stations. This five-year period will commence with
   the issuance of the MTA-wide authorization and will apply to all of the
   licensee's stations within the MTA spectrum block, including any stations
   that may have been subject to an earlier construction deadline arising from
   a pre-existing authorization.

   (c) Each MTA licensee in the 896–901/935–940 MHz band must, three years from
   the date of license grant, construct and place into operation a sufficient
   number of base stations to provide coverage to at least one-third of the
   population of the MTA; further, each MTA licensee must provide coverage to
   at least two-thirds of the population of the MTA five years from the date of
   license grant. Alternatively, an MTA licensee must demonstrate, through a
   showing to the Commission five years from the date of license grant, that it
   is providing substantial service. An MTA licensee must, three years from
   license grant, either show that the1/3population coverage standard has been
   satisfied, or provide written notification that it has elected to show
   substantial service to the MTA five years from license grant. In addition,
   as part of the election to provide a substantial service showing, each MTA
   licensee must, three years from license grant, indicate how it expects to
   demonstrate substantial service at five years. The MTA licensee must meet
   the  population  coverage benchmarks regardless of the extent to which
   incumbent licensees are present within the MTA block.

   (d) MTA licensees who fail to meet the coverage requirements imposed at
   either  the  third  or fifth years of their license term, or to make a
   convincing showing of substantial service, will forfeit the portion of the
   MTA license that exceeds licensed facilities constructed and operating on
   the date of the MTA license grant.

   [ 60 FR 21991 , May 4, 1995, as amended at  60 FR 48918 , Sept. 21, 1995;  60 FR 61487 , Nov. 30, 1995;  64 FR 39942 , July 23, 1999]