[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR27.14]



[Page 379-380]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 27_MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES--Table of Contents

 

                   Subpart B_Applications and Licenses

 

Sec. 27.14  Construction requirements; Criteria for comparative renewal 

proceedings.



    (a) AWS and WCS licensees must make a showing of ``substantial 

service'' in their license area within the prescribed license term set 

forth in Sec. 27.13. ``Substantial'' service is defined as service 

which is sound, favorable, and substantially above a level of mediocre 

service which just might minimally warrant renewal. Failure by any 

licensee to meet this requirement will result in forfeiture of the 

license and the licensee will be ineligible to regain it.

    (b) A renewal applicant involved in a comparative renewal proceeding 

shall receive a preference, commonly referred to as a renewal 

expectancy, which is the most important comparative factor to be 

considered in the proceeding, if its past record for the relevant 

license period demonstrates that:

    (1) The renewal applicant has provided ``substantial'' service 

during its past license term; and

    (2) The renewal applicant has substantially complied with applicable 

FCC rules, policies and the Communications Act of 1934, as amended.

    (c) In order to establish its right to a renewal expectancy, a WCS 

renewal applicant involved in a comparative renewal proceeding must 

submit a showing explaining why it should receive a renewal expectancy. 

At a minimum, this showing must include:

    (1) A description of its current service in terms of geographic 

coverage and population served;

    (2) An explanation of its record of expansion, including a timetable 

of new construction to meet changes in demand for service;

    (3) A description of its investments in its WCS system; and

    (4) Copies of all FCC orders finding the licensee to have violated 

the Communications Act or any FCC rule or



[[Page 380]]



policy; and a list of any pending proceedings that relate to any matter 

described in this paragraph.

    (d) In making its showing of entitlement to a renewal expectancy, a 

renewal applicant may claim credit for any system modification 

applications that were pending on the date it filed its renewal 

application. Such credit will not be allowed if the modification 

application is dismissed or denied.



[62 FR 9658, Mar. 3, 1997, as amended at 65 FR 3146, Jan. 20, 2000; 69 

FR 5715, Feb. 6, 2004]