§  90.665   Authorization, construction and implementation of MTA licenses.

   (a) MTA licenses in the 896-901/935-940 MHz band will be issued for a
   term not to exceed ten years.

   (b) MTA licensees in the 896-901/935-940 MHz band will be permitted
   five years to construct their stations. This five-year period will
   commence with the issuance of the MTA-wide authorization and will apply
   to all of the licensee's stations within the MTA spectrum block,
   including any stations that may have been subject to an earlier
   construction deadline arising from a pre-existing authorization.

   (c) Each MTA licensee in the 896-901/935-940 MHz band must, three years
   from the date of license grant, construct and place into operation a
   sufficient number of base stations to provide coverage to at least
   one-third of the population of the MTA; further, each MTA licensee must
   provide coverage to at least two-thirds of the population of the MTA
   five years from the date of license grant. Alternatively, an MTA
   licensee must demonstrate, through a showing to the Commission five
   years from the date of license grant, that it is providing substantial
   service. An MTA licensee must, three years from license grant, either
   show that the 1/3 population coverage standard has been satisfied, or
   provide written notification that it has elected to show substantial
   service to the MTA five years from license grant. In addition, as part
   of the election to provide a substantial service showing, each MTA
   licensee must, three years from license grant, indicate how it expects
   to demonstrate substantial service at five years. The MTA licensee must
   meet the population coverage benchmarks regardless of the extent to
   which incumbent licensees are present within the MTA block.

   (d) MTA licensees who fail to meet the coverage requirements imposed at
   either the third or fifth years of their license term, or to make a
   convincing showing of substantial service, will forfeit the portion of
   the MTA license that exceeds licensed facilities constructed and
   operating on the date of the MTA license grant.

   [ 60 FR 21991 , May 4, 1995, as amended at  60 FR 48918 , Sept. 21, 1995;
    60 FR 61487 , Nov. 30, 1995;  64 FR 39942 , July 23, 1999]