Goto Section: 1.2112 | 1.2114 | Table of Contents
FCC 1.2113
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 1.2113 Construction prior to grant of application.
Subject to the provisions of this section, applicants for licenses
awarded by competitive bidding may construct facilities to provide
service prior to grant of their applications, but must not operate such
facilities until the FCC grants an authorization. If the conditions
stated in this section are not met, applicants must not begin to
construct facilities for licenses subject to competitive bidding.
(a) When applicants may begin construction. An applicant may begin
construction of a facility upon release of the Public Notice listing
the post-auction long-form application for that facility as acceptable
for filing.
(b) Notification to stop. If the FCC for any reason determines that
construction should not be started or should be stopped while an
application is pending, and so notifies the applicant, orally (followed
by written confirmation) or in writing, the applicant must not begin
construction or, if construction has begun, must stop construction
immediately.
(c) Assumption of risk. Applicants that begin construction pursuant to
this section before receiving an authorization do so at their own risk
and have no recourse against the United States for any losses resulting
from:
(1) Applications that are not granted;
(2) Errors or delays in issuing public notices;
(3) Having to alter, relocate or dismantle the facility; or
(4) Incurring whatever costs may be necessary to bring the facility
into compliance with applicable laws, or FCC rules and orders.
(d) Conditions. Except as indicated, all pre-grant construction is
subject to the following conditions:
(1) The application does not include a request for a waiver of one or
more FCC rules;
(2) For any construction or alteration that would exceed the
requirements of § 17.7 of this chapter, the licensee has notified the
appropriate Regional Office of the Federal Aviation Administration (FAA
Form 7460-1), filed a request for antenna height clearance and
obstruction marking and lighting specifications (FCC Form 854) with the
FCC, PRB, Support Services Branch, Gettysburg, PA 17325;
(3) The applicant has indicated in the application that the proposed
facility would not have a significant environmental effect, in
accordance with § § 1.1301 through 1.1319;
(4) Under applicable international agreements and rules in this part,
individual coordination of the proposed channel assignment(s) with a
foreign administration is not required; and
(5) Any service-specific restrictions not listed herein.
[ 63 FR 2348 , Jan. 15, 1998]
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Goto Section: 1.2112 | 1.2114
Goto Year: 2011 |
2013
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