Sec.  90.685   Authorization, construction and implementation of EA licenses.

   (a) EA licenses in the 809–824/854–869 MHz band will be issued for a term
   not  to exceed ten years. Additionally, EA licensees generally will be
   afforded a renewal expectancy only for those stations put into service after
   August 10, 1996.

   (b) EA licensees in the 809–824/854–869 MHz band must, within three years of
   the grant of their initial license, construct and place into operation a
   sufficient number of base stations to provide coverage to at least one-third
   of the population of its EA-based service area. Further, each EA licensee
   must  provide coverage to at least two-thirds of the population of the
   EA-based  service area within five years of the grant of their initial
   license. EA-based licensees may, in the alternative, provide substantial
   service to their markets within five years of the grant of their initial
   license. Substantial service shall be defined as: “Service which is sound,
   favorable, and substantially above a level of mediocre service.”

   (c)  Channel  use  requirement. In addition to the population coverage
   requirements described in this section, we will require EA licensees in
   Channel blocks A, B and C in the 816–821/861–866 MHz band to construct 50
   percent of the total channels included in their spectrum block in at least
   one location in their respective EA-based service area within three years of
   initial license grant and to retain such channel usage for the remainder of
   the construction period.

   (d) An EA licensee's failure to meet the population coverage requirements of
   paragraphs (b) and (c) of this section, will result in forfeiture of the
   entire EA license. Forfeiture of the EA license, however, would not result
   in the loss of any constructed facilities authorized to the licensee prior
   to the date of the commencement of the auction for the EA licenses.

   (e) EA licensees operating on channels listed in  Sec. 90.614(b) and (c) must
   implement an Enhanced Specialized Mobile Radio (ESMR) system—as defined in
    Sec. 90.7—on their EA license and any associated site-based licenses prior to
   the expiration date of the EA license. EA licensees operating on these
   channels shall follow the construction notification procedures set forth in
    Sec. 1.946(d) of this chapter. Failure to implement an ESMR system on their EA
   and site-based licenses before the expiration date of the EA license will
   result  in termination of the EA license and any associated site-based
   licenses pursuant to  Sec. 1.946(c) of this chapter.

   [ 62 FR 41216 , July 31, 1997, as amended at  69 FR 67852 , Nov. 22, 2004;  70 FR 6760 , Feb. 8, 2005;  70 FR 76712 , Dec. 28, 2005]