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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Fax-  On-  Demand  202  /  418-  2830  TTY  202  /  418-  2555  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov 
 DA02-  1590 
 July  17,  2002 


 WIRELESS  TELECOMMUNICATIONS  BUREAU  REITERATES  MDS  CERTIFICATION  RULE  21.43 
 This  Public  Notice  is  to  remind  applicants  of  the  requirements  stated  in  Code  of  Federal  Regulations,  47  C.  F.  R.  Section  21.43,  regarding  MDS  certification  of  completion  of  construction.  An  MDS  Certification 
 of  Construction  of  a  facility  should  be  filed  only  when  all  authorized  channels  are  constructed.  It  is  inappropriate  to  file  for  construction  of  each  individual  channel  when  a  facility  is  authorized  for  more 
 than  one  channel. 
 From  the  Code  of  Federal  Regulations: 
 Sec.  21.43  Period  of  construction;  certification  of  completion  of  construction. 
 (a)  Except  for  Multipoint  Distribution  Service  station  licenses  granted  to  BTA  and  PSA  authorization  holders,  each  license  for  a  radio  station  for  the  services  included  in  this  part  shall  specify  as  a 
 condition  therein  the  period  during  which  construction  of  facilities  will  be  completed  and  the  station  made  ready  for  operation.  Construction  may  not  commence  until  the  grant  of  a  license,  and  must  be 
 completed  by  the  date  specified  in  the  license  as  the  termination  date  of  the  construction  period.  Except  as  may  be  limited  by  Sec.  21.45(  b)  or  otherwise  determined  by  the  Commission  for  any 
 particular  application,  the  maximum  construction  period  for  all  stations  licensed  under  this  part  shall  be  a  maximum  of  12  months  from  the  date  of  the  license  grant. 


 (b)  Each  license  for  a  radio  station  for  the  services  included  in  this  part  shall  also  specify  as  a  condition  therein  that  upon  the  completion  of  construction,  each  licensee  must  file  with  the  Commission  a 
 certification  of  completion  of  construction  using  FCC  Form  494A*,  certifying  that  the  facilities  as  authorized  have  been  completed  and  that  the  station  is  now  operational  and  ready  to  provide  service 
 to  the  public,  and  will  remain  operational  during  the  license  period,  unless  the  license  is  submitted  for  cancellation. 


 [52  FR  37782,  Oct.  9,  1987,  as  amended  at  60  FR  36552,  July  17,  1995;  61  FR  26675,  May  28,  1996] 
 *FCC  Form  494A  referenced  in  paragraph  (b)  above  is  now  obsolete  and  has  been  replaced  by  FCC  Form  304A. 


 The  Code  of  Federal  Regulations  is  available  online  at  URL: 
 http://  www.  access.  gpo.  gov/  cgi-  bin/  cfrassemble.  cgi?  title=  200147 
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 FCC  regulations  appear  under  the  Telecommunications  category  in  the  Code  of  Federal  Regulations.  Certifications  of  construction  for  MDS  licensees  are  feeable.  Applicants  may: 
 €  File  and  make  payment  electronically,  €  File  electronically  and  make  manual  payment  to  Mellon  Bank,  or 
 €  Mail  a  hard  copy  application  with  manual  payment  to  Mellon  Bank. 
 URL  for  filing  electronically: 
 http://  wireless.  fcc.  gov/  services/  itfs&  mds/  licensing/ 
 Mailing  address  of  Mellon  Bank  for  filing  applications  and  paying  fees: 
 Federal  Communications  Commission  Mass  Media  Services 
 P.  O.  Box  358155  Pittsburgh,  PA  15251-  5155 


 Questions  may  be  directed  to  FCC,  Gettysburg,  Pennsylvania,  by  calling  1-  888-  CALLFCC  (1-  888-  225-  5322). 
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