Sec.  90.169   Construction prior to grant of application.

   Applicants may construct facilities prior to grant of their applications,
   subject to the provisions of this section, but must not operate such
   facilities until the Commission grants an authorization. If the conditions
   stated in this section are not met, applicants must not begin to construct
   facilities.

   (a) When applicants may begin construction. An applicant may begin
   construction of a facility thirty-five (35) days after the date of the
   Public Notice listing the application for that facility as acceptable for
   filing.

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

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

   (1) The application is not mutually exclusive with any other application;

   (2) No petitions to deny the application have been filed;

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

   (4) For any construction or alteration that would exceed the requirements of
    Sec. 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 Commission;

   (5) The applicant has indicated in the application that the proposed
   facility would not have a significant environmental effect, in accordance
   with  Sec.  Sec. 1.1301 through 1.1319 of this chapter; and,

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

Subpart H—Policies Governing the Assignment of Frequencies