Sec.  90.767   Construction and implementation of EA and Regional licenses.

   (a) An EA or Regional licensee must construct a sufficient number of base
   stations ( i.e. , base stations for land mobile and/or paging operations) to
   provide coverage to at least one-third of the population of its EA or REAG
   within  five years of the issuance of its initial license and at least
   two-thirds of the population of its EA or REAG within ten years of the
   issuance of its initial license. Licensees may, in the alternative, provide
   substantial service to their licensed areas at the appropriate five- and
   ten-year benchmarks.

   (b) Licensees must notify the Commission in accordance with  Sec. 1.946 of this
   chapter of compliance with the Construction requirements of paragraph (a) of
   this section.

   (c)  Failure  by  an  EA or Regional licensee to meet the construction
   requirements of paragraph (a) of this section, as applicable, will result in
   automatic  cancellation  of its entire EA or Regional license. In such
   instances, EA or Regional licenses will not be converted to individual,
   site-by-site authorizations for already constructed stations.

   (d) EA and Regional licensees will not be permitted to count the resale of
   the services of other providers in their EA or REAG, e.g. , incumbent, Phase
   I licensees, to meet the construction requirement of paragraph (a) of this
   section, as applicable.

   (e) EA and Regional licensees will not be required to construct and place in
   operation, or commence service on, all of their authorized channels at all
   of their base stations or fixed stations.

   [ 69 FR 75172 , Dec. 15, 2004]