Goto Section: 90.815 | 90.901 | Table of Contents
FCC 90.816
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 90.816 Criteria for comparative 900 MHz SMR renewal proceedings.
(a) Ultimate issue. The ultimate issue in comparative renewal proceedings
will be to determine, in light of the evidence adduced in the proceeding,
what disposition of the applications would best serve the public interest,
convenience and necessity.
(b) Renewal expectancies. The most important comparative factor to be
considered in a comparative 900 MHz SMR renewal proceeding is a major
preference, commonly referred to as a “renewal expectancy”.
(1) The 900 MHz SMR renewal applicant involved in a comparative renewal
proceeding will receive a renewal expectancy, if its past record for the
relevant license period demonstrates that:
(i) The renewal applicant has provided “substantial” service during its past
license term. “Substantial” service is defined as service which is sound,
favorable, and substantially above a level of mediocre service which just
might minimally warrant renewal; and
(ii) The renewal applicant has substantially complied with applicable FCC
rules, policies and the Communications Act of 1934, as amended.
(2) In order to establish its right to a renewal expectancy, a 900 MHz
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:
(i) A description of its current service in terms of geographic coverage and
population served;
(ii) An explanation of its record of expansion, including a timetable of the
construction of new base sites to meet changes in demand for SMR service;
(iii) A description of its investments in its 900 MHz SMR system; and
(iv) 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 paragraph (b)(2) of this
section.
(3) 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.
[ 60 FR 55485 , Nov. 1, 1995]
Subpart V—Competitive Bidding Procedures for 800 MHz Specialized Mobile Radio
Service
Source: 61 FR 6159 , Feb. 16, 1996, unless otherwise noted.
Goto Section: 90.815 | 90.901
Goto Year: 2007 |
2009
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