Well first, it is a mandatory Federal Communications Commission (FCC) requirement for all licensees operating within bands for which authorizations are issued. Filing a construction notice lets the Commission know that you have constructed and are operating the system for which you have a license or that you have met specific coverage requirements for that system. You are required to file this notice within a specified period of time, and failure to comply normally results in license revocation.
Radio spectrum is a valuable public resource, and the FCC wants to make certain that it is being used—not hoarded. The FCC established the construction notice requirement in order to provide a physical and tangible way for licensees to demonstrate that they are using the spectrum.
You can read about construction/coverage requirements at the FCC website. In this article, we provide brief answers to some frequently asked questions regarding construction notification.
What exactly do I file?
To notify the FCC that you have met construction requirements, you must file the FCC Form 601 (main form and Schedule K).
How do I file? Can I file online?
EWA can help you with any filing, online or paper. The FCC also allows you file online, but discourages paper form submittals except for private radio services.
When do I have to file? Will the FCC remind me to file?
You must file no later than 15 days after the construction deadline date noted on the license. Construction/coverage deadlines are printed on the FCC authorization license if issued by the FCC Universal Licensing System (ULS). These dates can also be found using a ULS License Search. The FCC will send a reminder notice. If it does not reach you, the FCC is not responsible, and you are still beholden to the construction notice deadline. To ensure that the reminder reaches you, keep your contact information up to date with the FCC, including your email address.
I’m not done building. Can I get an extension?
Yes.
Licensees may request a waiver of the rule 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. However, just filing the application does not automatically extend the construction/coverage period.
Do I have to do it, or can EWA file for me?
EWA can assist you and your clients in electronically filing the Construction Notification. In most cases, in order to file on your behalf, EWA will need:
- The call sign for which the construction notice is being filed
- The date on which the frequencies were first placed into operation
- The name and title of the person who will be signing the application
To ensure that all of your licenses are protected, sign up for EWA’s Total License Management (TLM) service. With TLM, EWA will make sure you don’t miss any of your deadlines for license renewal, construction notices and other licensing requirements. It’s a confidential service that can give your business peace of mind.
I missed the deadline. Is there any way to stop the FCC from taking my license away?
You may be able to save your license, if you act quickly. . . within 30 days.
If you miss the notification filing window and the license has entered the automated termination process, you cannot 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.
However, if, by the end of that 30-day period, the licensee has not filed the petition, then ULS changes the status of the license to "Terminated," effective the date of the construction or coverage deadline. This feature within ULS is called automated termination process or "Auto Term."
My license was terminated. Can I get it back?
No. If your license has been terminated, you will need to seek new channels and begin the licensing process again.