Sec.  101.305   Discontinuance, reduction or impairment of service.

   (a) If the public communication service provided by a station in the Common
   Carrier Radio Services, the Local Multipoint Distribution Service or 24 GHz
   Service is involuntarily discontinued, reduced or impaired for a period
   exceeding  48  hours,  the  station  licensee must promptly notify the
   Commission. In every such case, the licensee must furnish full particulars
   as  to the reasons for such discontinuance, reduction or impairment of
   service, including a statement as to when normal service is expected to be
   resumed. When normal service is resumed, prompt notification thereof must be
   given Commission.

   (b) No station licensee subject to title II of the Communications Act of
   1934, as amended, may voluntarily discontinue, reduce or impair public
   communication  service  to  a community or part of a community without
   obtaining prior authorization from the Commission pursuant to the procedures
   set  forth  in  part  63  of this chapter. In the event that permanent
   discontinuance of service is authorized by the Commission, the station
   license is terminated; except that station licenses in the Local Multipoint
   Distribution  Service  and  24  GHz  Service are not terminated if the
   discontinuance is a result of a change of status by the licensee from common
   carrier to non-common carrier pursuant to  Sec. 1.929 of this chapter.

   (c) Any licensee not subject to title II of the Communications Act of 1934,
   as  amended,  who  voluntarily discontinues, reduces or impairs public
   communication service to a community or a part of a community must notify
   the  Commission  within  7  days  thereof.  In  the event of permanent
   discontinuance of service, the station license is automatically terminated;
   except that station licenses in the Local Multipoint Distribution Service
   and 24 GHz Service are not terminated if the discontinuance is a result of a
   change of status by the licensee from non-common carrier to common carrier
   pursuant to  Sec. 1.929 of this chapter.

   (d) If any common carrier radio frequency should not be used to render any
   service as authorized during a consecutive period of twelve months at any
   time after construction is completed under circumstances that do not fall
   within the provisions of paragraph (a), (b), or (c) of this section, or, if
   removal of equipment or facilities has rendered the station not operational,
   the licensee must, within thirty days of the end of such period of nonuse:

   (1) Cancel the station license (or licenses); or

   (2) File an application for modification of the license (or licenses) to
   delete the unused frequency (or frequencies); or

   (3) Request waiver of this rule and demonstrate either that the frequency
   will be used (as evidenced by appropriate requests for service, etc.) within
   six months of the end of the initial period of nonuse, or that the frequency
   will be converted to allow rendition of other authorized public services
   within one year of the end of the initial period of nonuse by the filing of
   appropriate applications within six months of the end of the period of
   nonuse.

   [ 61 FR 26677 , May 28, 1996, as amended at  62 FR 23168 , Apr. 29, 1997;  63 FR 68983 , Dec. 14, 1998;  65 FR 59359 , Oct. 5, 2000]