Sec.  90.769   Construction and implementation of Phase II nationwide licenses.

   (a)  A  nationwide licensee must construct a sufficient number of base
   stations ( i.e. , base stations for land mobile and/or paging operations) to
   provide coverage to a composite area of at least 750,000 square kilometers
   or 37.5 percent of the United States population within five years of the
   issuance of its initial license and a composite area of at least 1,500,000
   square kilometers or 75 percent of the United States population 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 a nationwide licensee to meet the construction requirements
   of paragraph (a) of this section, as applicable, will result in automatic
   cancellation of its entire nationwide license. In such instances, nationwide
   licenses will not be converted to individual, site-by-site authorizations
   for already constructed stations.

   (d) Nationwide 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 75173 , Dec. 15, 2004]