§  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 § 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]