Most wireless licensees are required to construct their authorized system or meet specific coverage requirements within a given time period and to notify the Commission that the requirement was met. This construction/coverage time period varies depending on the radio service in which the license is held. For more information on the construction/coverage time period by radio service, see Requirements by Service. For mobile-only systems, the system must be operational within the construction time period and licensees are required to notify the FCC in the same manner as those with construction/coverage requirements.
If a licensee fails to construct a frequency, fails to construct a location, fails to construct an entire license, or fails to meet a coverage requirement, the frequency, location, or license terminates automatically as of the applicable construction/coverage deadline. See 47 CFR 1.946 for information on Construction and Coverage Requirements.
When a licensee does not file the Required Notification or Request for Extension of Time, ULS presumes that the license, location, or frequency was not constructed, or the coverage requirement was not met, and places the license, location, or frequency in "termination pending" status for 30 days. If, by the end of that 30-day period the licensee does not file a petition to rebut the presumption, then ULS changes the status of the license, location, or frequency to "Terminated" effective the date of the construction or coverage deadline. This feature within ULS is called automated termination process or "Auto Term."
A construction/coverage reminder letter is sent as a courtesy to the licensee (similar to the renewal reminder letter) and is emailed approximately 90 days before the buildout deadline. If for some reason you do not receive a reminder letter, you are still required to file your notification in a timely manner.
To notify the FCC that a construction/coverage requirement was met, you must file the Required Notification application via ULS, no later than 15 days after the deadline.
If you miss the notification filing window, and the license or license component is not in a termination pending status, and you met the construction/coverage requirement, you should file the Required Notification and include a request for a waiver of Rule Section 1.946(d) in accordance with Rule 1.925.
If you miss the notification filing window and the license or license component(s) has entered the automated termination process, you can not file a notification application. You must file a petition for reconsideration within 30 days of the date of the Termination Pending Public Notice listing the license or license component(s) as termination pending.
You can file one notification application for licenses in multiple radio services providing the "purpose of submission code" is the same for all licenses. For example, you can file a notification for a cellular license using purpose of submission code "S" with a microwave license which also uses a purpose of submission code "S". You can not file a notification combining an auctioned license using a purpose of submission code "1" with a microwave license using a purpose of submission code "S". In cases where the purpose of submission codes are different, you must file separate applications.
Notifying the FCC by filing electronically through ULS is quick and easy!
Log into ULS License Manager using your FRN and password. For detailed filing instructions see "Construction/Coverage/Consummation Requirements: Filing Notifications or Requests For Extensions Of Time In ULS License Manager" (pdf).
The notification must be filed no later than 15 days after the deadline.
If the license is authorized in a radio service that requires an application fee, you must also complete the FCC Form 159 Remittance Advice form. For information on application fees, refer to the Wireless Fee Filing Guide. Applicants who did not pay their fees upon submission of their application can use Pay Fees to pay their wireless license fees by credit card. Payment for an online filing must be received within 10 calendar days of application submission.
Licensees may request a waiver of FCC Rule 1.946 to extend a construction or coverage period by filing a Request for Extension of Time application via ULS and attaching the waiver request. The application must be filed BEFORE the expiration of the construction or coverage period. This application does not automatically extend the construction/coverage period. In particular, the waiver request must include a detailed explanation of why the failure to meet the construction or coverage deadline is due to involuntary loss of site or other causes beyond the licensee’s control.See Section 1.946(e).
To file your extension request electronically, log into ULS License Manager using your FRN and password. For detailed filing instructions, see "Construction/Coverage/Consummation Requirements: Filing Notifications or Requests For Extensions Of Time In ULS License Manager" (pdf).
The extension must be filed BEFORE the expiration of the construction or coverage period and does not automatically extend the construction/coverage period. See Section 1.946(e).
If the license is authorized in a radio service that requires an application or waiver fee, you must also complete the FCC Form 159 Remittance Advice form. For information on application fees, refer to the Wireless Fee Filing Guide. Applicants who did not pay their fees upon submission of their application can use Pay Fees to pay their wireless license fees by credit card in ULS. Payment for an online filing must be received within 10 calendar days of application submission.
Checking Buildout Deadlines and Notification Dates
Construction/coverage deadlines are printed on the FCC authorization license if issued by ULS. The buildout deadline and buildout notification dates can also be found using ULS License Search. The deadline is the date by which a licensee must meet the specific construction or coverage requirement. The buildout notification date is the date the licensee notified the FCC it met its construction or coverage requirement.
|License Type||Deadline Date Location||Requirements Met?|
Auctioned licenses, Public Safety state licenses
||Check the appropriate fields labeled, "Notification Dates 1st," "Notification Dates 2nd," etc.|
||Check the "Buildout Notification" field located next to "Buildout Deadline."|
Paging, Public Safety, Industrial/Business, etc.
||Check the "Buildout Notification" field located next to the "Buildout Deadline."|
||Check the "Buildout Notification" field located next to "Buildout Deadline."|
Checking for Pending Applications
If a license does not have a buildout notification date, check to see if there is a pending application for a Required Notification or Request for Extension of Time. Using License Search, enter the call sign and select the 'Admin' Tab. Look for an 'NT - Required Notification' or 'EX - Request for Extension of Time' in a 'Pending' or an 'Inactive' status. An 'Inactive' status indicates an amendment to the application was filed. In this case, look for an 'AM - Amendment' with the same file number as the NT or EX.
Applications for Required Notification and applications for a Request for Extension of Time have two different purposes. They are filed when notifying the FCC of compliance with a construction/coverage requirement and for notification of compliance with an assignment of authorization or transfer of control requirement. When in a license record, you can distinguish between the two different NTs by looking for the "purpose of submission code" next to the type of filing. For example a cellular NT of construction would state "NT - Required Notification (S)", S being the purpose of submission code. Notifications of Consummation are followed by a (C). To determine the filing purpose of an EX application, open the application to determine if it was filed in conjunction with a construction/coverage requirement (FCC Form 601) or an assignment or transfer of control requirement (FCC Form 603).
If there is a Request for Extension of Time with a "Granted" status, the Commission granted an extension of time to meet a deadline. If the application was to extend the construction/coverage requirement deadline, the new deadline was entered into the appropriate Buildout Deadline field in the license record.
Use ULS Application Search to look for NT and EX applications pertaining to construction requirements. In this new ULS search, construction applications can be searched separately from the NT and EX of consummation.
The buildout deadline license search identifies wireless licenses that have a construction/coverage requirement, at the license, location, or frequency level. Like the license search, you have a variety of options to narrow your search. You can request to search by "deadlines not met", "deadlines met" or both. For all buildout deadline searches, you must select an option under the 'Buildout Deadline Date' as presented under the Date Information section. Unless you are searching by FRN, all searches are limited to a 6-month time frame.