§  90.629   Extended implementation period.

   Applicants requesting frequencies for either trunked or conventional
   operations may be authorized a period of up to five (5) years for
   constructing and placing a system in operation in accordance with the
   following:

   (a) The applicant must justify an extended implementation period. The
   justification must describe the proposed system, state the amount of
   time necessary to construct and place the system in operation, identify
   the number of base stations to be constructed and placed in operation
   during each year of the extended construction period, and show that:

   (1) The proposed system will require longer than twelve (12) months to
   construct and place in operation because of its purpose, size, or
   complexity; or

   (2) The proposed system is to be part of a coordinated or integrated
   wide-area system which will require more than twelve (12) months to
   plan, approve, fund, purchase, construct, and place in operation; or

   (3) The applicant is required by law to follow a multi-year cycle for
   planning, approval, funding, and purchasing the proposed system.

   (b) Where an applicant is required by law to follow a multi-year cycle
   for planning, approval, funding and purchasing a proposed system, the
   applicant must indicate whether funding approval has been obtained and
   if not, when such funding approval is expected.

   (c) Authorizations under this section are conditioned upon the licensee
   constructing and placing its system in operation within the authorized
   implementation period and in accordance with an approved implementation
   plan of up to five years. Licensees must notify the Commission
   annually, using FCC Form 601, that they are in compliance with their
   yearly station construction commitments, but may request amendment to
   these commitments at the time they file their annual certification. If
   the Commission approves the requested amendments to a licensee's
   implementation commitments, the licensee's extended implementation
   authority will remain in effect. If, however, the Commission concludes,
   at this or any other time, that a licensee has failed to meet its
   commitments, the Commission will terminate authority for the extended
   implementation period. When the Commission terminates an extended
   implementation authority, the affected licensee will be given six
   months from the date of termination to complete system construction. At
   the end of any licensee's extended implementation period,
   authorizations for all stations not constructed and placed in operation
   will be cancelled. Trunked systems granted an extended implementation
   period must comply with the channel loading requirements of section
   90.631(b). Conventional channels not loaded to 70 mobile units may be
   subject to shared use by the addition of other licensees.

   (d) [Reserved]

   (e) As of March 18, 1996, Specialized Mobile Radio systems are not
   eligible for extended implementation periods under this section.
   Additionally, all 800 MHz SMR licensees that are operating under
   extended implementation authority as of March 18, 1996 must, by May 16,
   1996, demonstrate that continuing to allow them to have an extended
   period of time to construct their facilities is warranted and furthers
   the public interest. If a licensee's extended implementation authority
   showing is approved by the Bureau, such licensee will be afforded an
   extended implementation of two years or the remainder of its current
   extended implementation period, whichever is shorter. Upon the
   termination of this period, the authorizations for those facilities
   that remain unconstructed will terminate automatically. If a licensee
   with a current extended implementation period fails to submit the
   showing mentioned above within the designated timeframe or submits an
   insufficient or incomplete showing, such licensee will have six months
   from the last day on which it could timely file such a showing or from
   the disapproval of its request to construct the remaining facilities
   covered under its implementation plan to construct any unconstructed
   facilities for which it is authorized. The authorizations for those
   facilities remaining unconstructed after this six-month period will
   terminate automatically.

   (f) Pursuant to § 90.155(b), the provisions of this section shall apply
   to local government entities applying for any frequency in the Public
   Safety Pool.

   [ 58 FR 34379 , June 25, 1993, as amended at  61 FR 6157 , Feb. 16, 1996;
    63 FR 68969 , Dec. 14, 1998;  65 FR 60877 , Oct. 13, 2000;  69 FR 67489 ,
   Nov. 22, 2004]