§  101.63   Period of construction; certification of completion of
construction.

   (a) Each Station, except in Multichannel Video Distribution and Data
   Service, Local Multipoint Distribution Services, 24 GHz Service, and
   the 38.6-40.0 GHz band, authorized under this part must be in operation
   within 18 months from the initial date of grant.

   (b) For the 70 GHz, 80 GHz, and 90 GHz bands, the 12-month construction
   period will commence on the date of each registration of each
   individual link; adding links will not change the overall renewal
   period of the license.

   (c) Failure to timely begin operation means the authorization cancels
   automatically.

   (d) The frequencies associated with all point-to-multipoint
   authorizations which have cancelled automatically or otherwise been
   recovered by the Commission will again be made available for
   reassignment on a date and under terms set forth by Public Notice. See
   §  101.1331(d) for treatment of MAS incumbent site-by-site licenses
   recovered in EAs.

   (e) Requests for extension of time may be granted upon a showing of
   good cause pursuant to §  1.946(e) of this chapter.

   (f) Construction of any authorized facility or frequency must be
   completed by the date specified in the license as pursuant to §  1.946
   of this chapter.

   (g) MVPD licensees which have both analog and digital emissions
   designators specified on the license and which already have, or may
   transition from analog to digital operations, or a combination of both,
   meet their completion of construction requirements and do not
   automatically surrender their license provided they are using either
   set of emissions. If the licensee has completed the transition to
   digital, the license can remove the unused analog emission designators
   the next time a modification or renewal application is filed.

   [ 61 FR 26677 , May 28, 1996, as amended at  62 FR 23165 , Apr. 29, 1997;
    63 FR 6104 , Feb. 6, 1998;  63 FR 68982 , Dec. 14, 1998;  64 FR 45893 , Aug.
   23, 1999;  65 FR 17448 , Apr. 3, 2000;  65 FR 38327 , June 20, 2000;  65 FR 59357 , Oct. 5, 2000;  69 FR 3266 , Jan. 23, 2004;  69 FR 16832 , Mar. 31,
   2004;  71 FR 69048 , Nov. 29, 2006]

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