§  90.169   Construction prior to grant of application.

   Applicants may construct facilities prior to grant of their
   applications, subject to the provisions of this section, but must not
   operate such facilities until the Commission grants an authorization.
   If the conditions stated in this section are not met, applicants must
   not begin to construct facilities.

   (a) When applicants may begin construction. An applicant may begin
   construction of a facility thirty-five (35) days after the date of the
   Public Notice listing the application for that facility as acceptable
   for filing.

   (b) Notification to stop. If the Commission 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 Commission rules and orders.

   (d) Conditions. Except as indicated, all pre-grant construction is
   subject to the following conditions:

   (1) The application is not mutually exclusive with any other
   application;

   (2) No petitions to deny the application have been filed;

   (3) The application does not include a request for a waiver of one or
   more Commission rules;

   (4) 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
   Commission;

   (5) 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 of this chapter; and,

   (6) Under applicable international agreements and rules in this part,
   individual coordination of the proposed channel assignment(s) with a
   foreign administration is not required.

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Subpart H—Policies Governing the Assignment of Frequencies

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