Sec.  101.17   Performance requirements for the 38.6–40.0 GHz frequency band.

   (a) All 38.6–40.0 GHz band licensees must demonstrate substantial service at
   the time of license renewal. A licensee's substantial service showing should
   include, but not be limited to, the following information for each channel
   for which they hold a license, in each EA or portion of an EA covered by
   their  license,  in  order to qualify for renewal of that license. The
   information provided will be judged by the Commission to determine whether
   the  licensee  is  providing  service  which  rises  to  the  level of
   “substantial.”

   (1) A description of the 38.6–40.0 GHz band licensee's current service in
   terms of geographic coverage;

   (2) A description of the 38.6–40.0 GHz band licensee's current service in
   terms of population served, as well as any additional service provided
   during the license term;

   (3) A description of the 38.6–40.0 GHz band licensee's investments in its
   system(s) (type of facilities constructed and their operational status is
   required);

   (b)  Any  38.6–40.0  GHz  band  licensees adjudged not to be providing
   substantial service will not have their licenses renewed.

   [ 65 FR 38327 , June 20, 2000]