§  1.2113   Construction prior to grant of application.

   Subject to the provisions of this section, applicants for licenses
   awarded by competitive bidding may construct facilities to provide
   service prior to grant of their applications, but must not operate such
   facilities until the FCC grants an authorization. If the conditions
   stated in this section are not met, applicants must not begin to
   construct facilities for licenses subject to competitive bidding.

   (a) When applicants may begin construction. An applicant may begin
   construction of a facility upon release of the Public Notice listing
   the post-auction long-form application for that facility as acceptable
   for filing.

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

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

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

   (2) 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
   FCC, PRB, Support Services Branch, Gettysburg, PA 17325;

   (3) 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;

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

   (5) Any service-specific restrictions not listed herein.

   [ 63 FR 2348 , Jan. 15, 1998]