Sec.  22.947   Five year build-out period.

   

   Except for systems authorized in the Gulf of Mexico Exclusive Zone,
   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 by using FCC Form 601 for a new cellular system in
   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 Wireless
   Telecommunications Bureau, Commercial Wireless Division, 445 12th
   Street SW, Room 4-C232, 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 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 1/2×11
   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 1/2×11
   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;
    63 FR 68951 , Dec. 14, 1998;  67 FR 13225 , Mar. 21, 2002;  67 FR 9609 ,
   Mar. 4, 2002]