FAQ: Construction

	All FAQ's CONSTRUCTION CONSTRUCTION DEADLINES FEES FILING FILING BY RADIO SERVICE PARTITIONING AND DISAGGREGATION REGISTER SEARCH TECH SUPPORT UNIFIED DISMISSAL POLICY

When can I start construction?

You can start construction upon licensed grant. You should refer to the appropriate rule section to determine construction period for a specific radio service.

If a tower owner is unwilling or unable to register a structure, then how should I as a licensee go about filing an application that involves the site? Would the FCC grant a Special Temporary Authorization (STA) if there were to be a delay that is caused by the owner's failure to register in a timely manner?

During the period from July 1996-July 1998, the FCC required that all pre-existing antenna structures-for which FAA notification of proposed construction is required-be registered with the FCC. The owner is responsible for registering the structure and providing a copy of the registration to all tenant licensees. (NOTE: To register the structure with the FCC, the owner must provide a FAA determination of "No Hazard.") The FCC also requires that the owner register newly built structures prior to construction. When locating on an existing structure, you should be able to provide registration information (if the owner is in compliance). In cases where the owner is unable or unwilling to provide registration information, you may request a waiver of the instant dismissal policy.

If registration is required for a structure, then you as a licensee must provide a valid registration number or request waiver of the instant dismissal policy. Waiver requests and STA requests will be evaluated on a case-by-case basis. It is unlikely, however, that the FCC would authorize operation from a structure that requires registration if you cannot provide a determination of "No Hazard" as issued by the FAA.

NOTE: To resolve this situation, you have a number of options. For example, you can get the owner to register the structure properly by helping her with the administrative details. You can also notify the FCC's Enforcement Division formally or informally in regard to the owner's failure to comply with the requirements of 47 CFR Part 17.

Where can I find the construction buildout requirements for PCS?

You can find these requirements in 47 CFR Rule Section 24.203.

Where can I find the construction buildout requirements for LMDS?

You can find these requirements in 47 CFR Rule Section 101.1011. You can also find the requirement definitions in the LMDS Bidders Package (pp. 261-64).

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Last Updated:  July 09, 2001