Goto Section: 27.13 | 27.15 | Table of Contents
FCC 27.14
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 27.14 Construction requirements; Criteria for renewal.
(a) AWS and WCS licensees, with the exception of WCS licensees holding
authorizations for Block A in the 698–704 MHz and 728–734 MHz bands, Block B
in the 704–710 MHz and 734–740 MHz bands, Block E in the 722–728 MHz band,
Block C, C1, or C2 in the 746–757 MHz and 776–787 MHz bands, or Block D in
the 758–763 MHz and 788–793 MHz bands, must, as a performance requirement,
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 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.
(e) Comparative renewal proceedings do not apply to WCS licensees holding
authorizations for Block A in the 698–704 MHz, 728–734 MHz bands, Block B in
the 704–710 MHz and 734–740 MHz bands, Block C in the 710–716 MHz and
740–746 MHz bands, Block D in the 716–722 MHz band, Block E in the 722–728
MHz band, Block C, C1, or C2 in the 746–757 MHz and 776–787 MHz bands, or
Block D in the 758–763 MHz and 788–793 MHz bands. Each of these licensees
must file a renewal application in accordance with the provisions set forth
in Sec. 1.949, and must make a showing of substantial service, independent of
its performance requirements, as a condition for renewal at the end of each
license term.
(f) Comparative renewal proceedings do not apply to WCS licensees holding
authorizations for the 698–746 MHz, 747–762 MHz, and 777–792 MHz bands.
These licensees must file a renewal application in accordance with the
provisions set forth in Sec. 1.949 of this chapter.
(g) WCS licensees holding EA authorizations for Block A in the 698–704 MHz
and 728–734 MHz bands, cellular market authorizations for Block B in the
704–710 MHz and 734–740 MHz bands, or EA authorizations for Block E in the
722–728 MHz band, if the results of the first auction in which licenses for
such authorizations are offered satisfy the reserve price for the applicable
block, shall provide signal coverage and offer service over at least 35
percent of the geographic area of each of their license authorizations no
later than February 17, 2013 (or within four years of initial license grant
if the initial authorization in a market is granted after February 17,
2009), and shall provide such service over at least 70 percent of the
geographic area of each of these authorizations by the end of the license
term. In applying these geographic benchmarks, licensees are not required to
include land owned or administered by government as a part of the relevant
service area. Licensees may count covered government land for purposes of
meeting their geographic construction benchmark, but are required to add the
covered government land to the total geographic area used for measurement
purposes. Licensees are required to include those populated lands held by
tribal governments and those held by the Federal Government in trust or for
the benefit of a recognized tribe.
(1) If an EA or CMA licensee holding an authorization in these particular
blocks fails to provide signal coverage and offer service over at least 35
percent of the geographic area of its license authorization by no later than
February 17, 2013 (or within four years of initial license grant, if the
initial authorization in a market is granted after February 17, 2009), the
term of that license authorization will be reduced by two years and such
licensee may be subject to enforcement action, including forfeitures. In
addition, an EA or CMA licensee that provides signal coverage and offers
service at a level that is below this interim benchmark may lose authority
to operate in part of the remaining unserved areas of the license.
(2) If any such EA or CMA licensee fails to provide signal coverage and
offer service to at least 70 percent of the geographic area of its license
authorization by the end of the license term, that licensee's authorization
will terminate automatically without Commission action for those geographic
portions of its license in which the licensee is not providing service, and
those unserved areas will become available for reassignment by the
Commission. Such licensee may also be subject to enforcement action,
including forfeitures. In addition, an EA or CMA licensee that provides
signal coverage and offers service at a level that is below this end-of-term
benchmark may be subject to license termination. In the event that a
licensee's authority to operate in a license area terminates automatically
without Commission action, such areas will become available for reassignment
pursuant to the procedures in paragraph (j) of this section.
(3) For licenses under paragraph (g) of this section, the geographic service
area to be made available for reassignment must include a contiguous area of
at least 130 square kilometers (50 square miles), and areas smaller than a
contiguous area of at least 130 square kilometers (50 square miles) will not
be deemed unserved.
(h) WCS licensees holding REAG authorizations for Block C in the 746–757 MHz
and 776–787 MHz bands or REAG authorizations for Block C2 in the 752–757 MHz
and 782–787 MHz bands shall provide signal coverage and offer service over
at least 40 percent of the population in each EA comprising the REAG license
area no later than February 17, 2013 (or within four years of initial
license grant, if the initial authorization in a market is granted after
February 17, 2009), and shall provide such service over at least 75 percent
of the population of each of these EAs by the end of the license term. For
purposes of compliance with this requirement, licensees should determine
population based on the most recently available U.S. Census Data.
(1) If a licensee holding a Block C authorization fails to provide signal
coverage and offer service over at least 40 percent of the population in
each EA comprising the REAG license area by no later than February 17, 2013
(or within four years of initial license grant if the initial authorization
in a market is granted after February 17, 2009), the term of the license
authorization will be reduced by two years and such licensee may be subject
to enforcement action, including forfeitures. In addition, a licensee that
provides signal coverage and offers service at a level that is below this
interim benchmark may lose authority to operate in part of the remaining
unserved areas of the license.
(2) If a licensee holding a Block C authorization fails to provide signal
coverage and offer service over at least 75 percent of the population in any
EA comprising the REAG license area by the end of the license term, for each
such EA that licensee's authorization will terminate automatically without
Commission action for those geographic portions of its license in which the
licensee is not providing service. Such licensee may also be subject to
enforcement action, including forfeitures. In the event that a licensee's
authority to operate in a license area terminates automatically without
Commission action, such areas will become available for reassignment
pursuant to the procedures in paragraph (j) of this section. In addition, a
REAG licensee that provides signal coverage and offers service at a level
that is below this end-of-term benchmark within any EA may be subject to
license termination within that EA.
(3) For licenses under paragraph (h), the geographic service area to be made
available for reassignment must include a contiguous area of at least 130
square kilometers (50 square miles), and areas smaller than a contiguous
area of at least 130 square kilometers (50 square miles) will not be deemed
unserved.
(i) WCS licensees holding EA authorizations for Block A in the 698–704 MHz
and 728–734 MHz bands, cellular market authorizations for Block B in the
704–710 MHz and 734–740 MHz bands, or EA authorizations for Block E in the
722–728 MHz band, if the results of the first auction in which licenses for
such authorizations in Blocks A, B, and E are offered do not satisfy the
reserve price for the applicable block, as well as EA authorizations for
Block C1 in the 746–752 MHz and 776–782 MHz bands, are subject to the
following:
(1) If a licensee holding a cellular market area or EA authorization subject
to this paragraph (i) fails to provide signal coverage and offer service
over at least 40 percent of the population in its license area by no later
than February 17, 2013 (or within four years of initial license grant, if
the initial authorization in a market is granted after February 17, 2009),
the term of that license authorization will be reduced by two years and such
licensee may be subject to enforcement action, including forfeitures. In
addition, such licensee that provides signal coverage and offers service at
a level that is below this interim benchmark may lose authority to operate
in part of the remaining unserved areas of the license. For purposes of
compliance with this requirement, licensees should determine population
based on the most recently available U.S. Census Data.
(2) If a licensee holding a cellular market area or EA authorization subject
to this paragraph (i) fails to provide signal coverage and offer service
over at least 75 percent of the population in its license area by the end of
the license term, that licensee's authorization will terminate automatically
without Commission action for those geographic portions of its license in
which the licensee is not providing service, and those unserved areas will
become available for reassignment by the Commission. Such licensee may also
be subject to enforcement action, including forfeitures. In the event that a
licensee's authority to operate in a license area terminates automatically
without Commission action, such areas will become available for reassignment
pursuant to the procedures in paragraph (j) of this section. In addition,
such a licensee that provides signal coverage and offers service at a level
that is below this end-of-term benchmark may be subject to license
termination. For purposes of compliance with this requirement, licensees
should determine population based on the most recently available U.S. Census
Data.
(3) For licenses under paragraph (i), the geographic service area to be made
available for reassignment must include a contiguous area of at least 130
square kilometers (50 square miles), and areas smaller than a contiguous
area of at least 130 square kilometers (50 square miles) will not be deemed
unserved.
(j) In the event that a licensee's authority to operate in a license area
terminates automatically under paragraphs (g), (h), or (i) of this section,
such areas will become available for reassignment pursuant to the following
procedures:
(1) The Wireless Telecommunications Bureau is delegated authority to
announce by public notice that these license areas will be made available
and establish a 30-day window during which third parties may file license
applications to serve these areas. During this 30-day period, licensees that
had their authority to operate terminate automatically for unserved areas
may not file applications to provide service to these areas. Applications
filed by third parties that propose areas overlapping with other
applications will be deemed mutually exclusive, and will be resolved through
an auction. The Wireless Telecommunications Bureau, by public notice, may
specify a limited period before the filing of short-form applications (FCC
Form 175) during which applicants may enter into a settlement to resolve
their mutual exclusivity, subject to the provisions of Sec. 1.935 of this
chapter.
(2) Following this 30-day period, the original licensee and third parties
can file license applications for remaining unserved areas where licenses
have not been issued or for which there are no pending applications. If the
original licensee or a third party files an application, that application
will be placed on public notice for 30 days. If no mutually exclusive
application is filed, the application will be granted, provided that a grant
is found to be in the public interest. If a mutually exclusive application
is filed, it will be resolved through an auction. The Wireless
Telecommunications Bureau, by public notice, may specify a limited period
before the filing of short-form applications (FCC Form 175) during which
applicants may enter into a settlement to resolve their mutual exclusivity,
subject to the provisions of Sec. 1.935 of this chapter.
(3) The licensee will have one year from the date the new license is issued
to complete its construction and provide signal coverage and offer service
over 100 percent of the geographic area of the new license area. If the
licensee fails to meet this construction requirement, its license will
automatically terminate without Commission action and it will not be
eligible to apply to provide service to this area at any future date.
(k) WCS licensees holding authorizations in the spectrum blocks enumerated
in paragraphs (g), (h), or (i), including any licensee that obtained its
license pursuant to the procedures set forth in subsection (j), shall
demonstrate compliance with performance requirements by filing a
construction notification with the Commission, within 15 days of the
expiration of the applicable benchmark, in accordance with the provisions
set forth in Sec. 1.946(d). The licensee must certify whether it has met the
applicable performance requirements. The licensee must file a description
and certification of the areas for which it is providing service. The
construction notifications must include electronic coverage maps, supporting
technical documentation and any other information as the Wireless
Telecommunications Bureau may prescribe by public notice.
(l) WCS licensees holding authorizations in the spectrum blocks enumerated
in paragraphs (g), (h), or (i) of this section, excluding any licensee that
obtained its license pursuant to the procedures set forth in subsection (j)
of this section, shall file reports with the Commission that provide the
Commission, at a minimum, with information concerning the status of their
efforts to meet the performance requirements applicable to their
authorizations in such spectrum blocks and the manner in which that spectrum
is being utilized. The information to be reported will include the date the
license term commenced, a description of the steps the licensee has taken
toward meeting its construction obligations in a timely manner, including
the technology or technologies and service(s) being provided, and the areas
within the license area in which those services are available. Each of these
licensees shall file its first report with the Commission no later than
February 17, 2011 and no sooner than 30 days prior to this date. Each
licensee that meets its interim benchmarks shall file a second report with
the Commission no later than February 17, 2016 and no sooner than 30 days
prior to this date. Each licensee that does not meet its interim benchmark
shall file this second report no later than on February 17, 2015 and no
sooner than 30 days prior to this date.
(m) The WCS licensee holding the authorization for the D Block in the
758–763 MHz and 788–793 MHz bands (the Upper 700 MHz D Block licensee) shall
comply with the following construction requirements.
(1) The Upper 700 MHz D Block licensee shall provide a signal coverage and
offer service over at least 75 percent of the population of the nationwide
Upper 700 MHz D Block license area within four years from February 17, 2009,
95 percent of the population of the nationwide license area within seven
years, and 99.3 percent of the population of the nationwide license area
within ten years.
(2) The Upper 700 MHz D Block licensee may modify, to a limited degree, its
population-based construction benchmarks with the agreement of the Public
Safety Broadband Licensee and the prior approval of the Commission, where
such a modification would better serve to meet commercial and public safety
needs.
(3) The Upper 700 MHz D Block licensee shall meet the population benchmarks
based on a performance schedule specified in the Network Sharing Agreement,
taking into account performance pursuant to Sec. 27.1327 as appropriate under
that rule, and using the most recently available U.S. Census Data. The
network and signal levels employed to meet these benchmarks must be adequate
for public safety use, as defined in the Network Sharing Agreement, and the
services made available must include those appropriate for public safety
entities that operate in those areas. The schedule shall include coverage
for major highways and interstates, as well as such additional areas that
are necessary to provide coverage for all incorporated communities with a
population in excess of 3,000, unless the Public Safety Broadband Licensee
and the Upper 700 MHz D Block licensee jointly determine, in consultation
with a relevant community, that such additional coverage will not provide
significant public benefit.
(4) The Upper 700 MHz D Block licensee shall demonstrate compliance with
performance requirements by filing a construction notification with the
Commission within 15 days of the expiration of the applicable benchmark, in
accordance with the provisions set forth in Sec. 1.946(d) of this chapter. The
licensee must certify whether it has met the applicable performance
requirement and must file a description and certification of the areas for
which it is providing service. The construction notifications must include
the following:
(i) Certifications of the areas that were scheduled for construction and
service by that date under the Network Sharing Agreement for which it is
providing service, the type of service it is providing for each area, and
the type of technology it is utilizing to provide this service.
(ii) Electronic coverage maps and supporting technical documentation
providing the assumptions used by the licensee to create the coverage maps,
including the propagation model and the signal strength necessary to provide
service.
(n) At the end of its license term, the Upper 700 MHz D Block licensee must,
in order to renew its license, make a showing of its success in meeting the
material requirements set forth in the Network Sharing Agreement as well as
all other license conditions, including the performance benchmark
requirements set forth in this section.
(o) BRS and EBS licensees must make a showing of “substantial service” no
later than May 1, 2011. Incumbent BRS licensees must file their “substantial
service” showing with their renewal application. “Substantial service” is
defined as service which is sound, favorable, and substantially above a
level of mediocre service which just might minimally warrant renewal.
Substantial service for BRS and EBS licensees is satisfied if a licensee
meets the requirements of paragraph (o)(1) or (o)(2) of this section. If a
licensee has not met the requirements of paragraph (o)(1) or (o)(2) of this
section, then demonstration of “substantial service” shall proceed on a
case-by-case basis. All substantial service determinations will be made on a
license-by-license basis. Except for BTA licenses, BRS licensees must file
their “substantial service” showing with their renewal applications. Failure
by any licensee to meet this requirement will result in forfeiture of the
license and the licensee will be ineligible to regain it.
(1) A BRS or EBS licensee has provided “substantial service” by:
(i) Constructing six permanent links per one million people for licensees
providing fixed point-to-point services;
(ii) Providing coverage of at least 30 percent of the population of the
licensed area for licensees providing mobile services or fixed
point-to-multipoint services;
(iii) Providing service to “rural areas” (a county (or equivalent) with a
population density of 100 persons per square mile or less, based upon the
most recently available Census data) and areas with limited access to
telecommunications services:
(A) For mobile service, where coverage is provided to at least 75% of the
geographic area of at least 30% of the rural areas within its service area;
or
(B) for fixed service, where the BRS or EBS licensee has constructed at
least one end of a permanent link in at least 30% of the rural areas within
its licensed area.
(iv) Providing specialized or technologically sophisticated service that
does not require a high level of coverage to benefit consumers; or
(v) Providing service to niche markets or areas outside the areas served by
other licensees.
(2) An EBS licensee has provided “substantial service” when:
(i) The EBS licensee is using its spectrum (or spectrum to which the EBS
licensee's educational services are shifted) to provide educational services
within the EBS licensee's GSA;
(ii) the EBS licensee's license is actually being used to serve the
educational mission of one or more accredited public or private schools,
colleges or universities providing formal educational and cultural
development to enrolled students; or
(iii) the level of service provided by the EBS licensee meets or exceeds the
minimum usage requirements specified in Sec. 27.1214.
(3) An EBS or BRS licensee may be deemed to provide substantial service
through a leasing arrangement if the lessee is providing substantial service
under paragraph (o)(1) of this section. The EBS licensee must also be
otherwise in compliance with this Chapter (including the programming
requirements in Sec. 27.1203 of this subpart).
(4) If the GSA of a licensee is less than 1924 square miles in size, and
there is an overlapping co-channel station licensed or leased by the
licensee or its affiliate, substantial service may be demonstrated by
meeting the requirements of paragraph (o)(1) or (o)(2) of this section with
respect to the combined GSAs of both stations.
(5) If the GSA of a BTA authorization holder, is less than one-half of the
area within the BTA for every BRS channel, substantial service may be
demonstrated for the licenses in question by meeting the requirements of
paragraph (o)(1) or (o)(2) of this section with respect to the combined GSAs
of the BTA authorization holder, together with any incumbent authorizations
licensed or leased by the licensee or its affiliates.
[ 62 FR 9658 , Mar. 3, 1997, as amended at 65 FR 3146 , Jan. 20, 2000; 69 FR 5715 , Feb. 6, 2004; 71 FR 35189 , June 19, 2006; 72 FR 27709 , May 16, 2007;
72 FR 48846 , Aug. 24, 2007; 72 FR 67578 , Nov. 29, 2007; 73 FR 26038 , May 8,
2008]
Effective Date Note: At 72 FR 48846 , Aug. 24, 2007, Sec. 27.14 was amended by
revising (a), removing (f), redesignating (e) as new (f), and adding (e) and
(g) through (n). At 72 FR 67578 , Nov. 29, 2007 Sec. 27.14 was corrected. This
text contains information collection and recordkeeping requirements and will
not become effective until approval has been given by the Office of
Management and Budget.
Goto Section: 27.13 | 27.15
Goto Year: 2007 |
2009
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