Sec. 22.947  Five year build-out period.

    The licensee of the first cellular system authorized on each channel 
block in each cellular market is afforded a five year period, beginning 
on the date the initial authorization for the system is granted, during 
which it may expand the system within that market.
    (a) Exclusive right to expand within market. Except as provided in 
paragraph (b) of this section, the FCC does not accept applications for 
authority to operate a new cellular system in any unserved area in a 
market on a channel block during the five year build-out period.
    (b) Partitioned markets. During the five year build-out period, the 
licensee of the first cellular system on each channel block in each 
market may enter into contracts with eligible parties, allowing such 
parties to apply (FCC Form 600) for a new cellular system on that 
channel block within the market. The FCC may grant such applications if 
they are in compliance with the rules in this part. Markets with two or 
more authorized cellular systems on the same channel block during the 
five year build-out period are referred to (with respect to the affected 
channel block) as ``partitioned markets''.
    (1) Partitioning contracts must define the CGSA of the subsequent 
cellular system in accordance with Sec. 22.911, including any expansion 
rights ceded. If not exercised, any such expansion rights terminate at 
the end of the five year build-out period.
    (2) The five year build-out period begins on the date the initial 
authorization for the first cellular system is granted, and is not 
extended or affected in any way by the initial authorization of any 
subsequent cellular systems pursuant to paragraph (b) of this section.
    (c) System information update. Sixty days before the end of the five 
year build-out period, the licensee of each cellular system authorized 
on each channel block in each cellular market must file, in triplicate, 
a system information update (SIU), comprising a full size map, a reduced 
map, and an exhibit showing technical data relevant to determination of 
the system's CGSA. Separate maps must be submitted for each market into 
which the CGSA extends, showing the extension area in the adjacent 
market. Maps showing extension areas must be labeled (i.e. marked with 
the market number and channel block) for the market into which the CGSA 
extends. SIUs must accurately depict the relevant cell locations and 
coverage of the system at the end of the five year build-out period. 
SIUs must be filed at the Mobile Services Division, Common Carrier 
Bureau, Federal Communications Commission, Washington, DC 20554. If any 
changes to the system occur after the filing of the SIU, but before the 
end of the five year build-out period, the licensee must file, in 
triplicate, additional maps and/or data as necessary to insure that the 
cell locations and coverage of the system as

[[Page 206]]

of the end of the five year build-out period are accurately depicted.
    (1) The scale of the full-size map must be 1:500,000, regardless of 
whether any different scale is used for the reduced map. The map must 
have a legend, a distance scale and correctly labeled latitude and 
longitude lines. The map must be clear and legible. The map must 
accurately show the cell sites (transmitting antenna locations) which 
determine the CGSA, the entire CGSA, any extension of the composite 
service are boundary beyond the CGSA (see Sec. 22.911) and the relevant 
portions of the cellular market boundary. The date on which the map 
depictions are accurate must appear on the map.
    (2) The reduced map must be a proportional reduction, to 8\1/2\ x 11 
inches, of the full-size map required in paragraph (c)(1) of this 
section, unless it proves to be impractical to depict the entire market 
by reducing the full-size map. In such instance, an 8\1/2\ x 11 inch map 
of a different scale may be substituted, provided that the required 
features of the full-size map are clearly depicted and labeled.
[ 59 FR 59507 , Nov. 17, 1994, as amended at  59 FR 59954 , Nov. 21, 1994]