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]