Goto Section: 27.13 | 27.15 | Table of Contents
FCC 27.14
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 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, Block D in the 758-763 MHz and 788-793 MHz bands, Block A in the
2305-2310 MHz and 2350-2355 MHz bands, Block B in the 2310-2315 MHz and
2355-2360 MHz bands, Block C in the 2315-2320 MHz band, and Block D in
the 2345-2350 MHz band, must, as a performance requirement, make a
showing of “substantial service” in their license area within the
prescribed license term set forth in § 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 § 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 § 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 June 13, 2013 (or within
four years of initial license grant if the initial authorization in a
market is granted after June 13, 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 June 13, 2013 (or within four years of
initial license grant, if the initial authorization in a market is
granted after June 13, 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 June 13, 2013 (or within
four years of initial license grant, if the initial authorization in a
market is granted after June 13, 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
June 13, 2013 (or within four years of initial license grant if the
initial authorization in a market is granted after June 13, 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 June 13, 2013 (or within four years of initial
license grant, if the initial authorization in a market is granted
after June 13, 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 § 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 § 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 § 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 June 13, 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 June 13, 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 June
13, 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
June 13, 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
§ 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 § 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 originally issued a BRS or EBS license prior
to November 6, 2009 must make a showing of substantial service no later
than May 1, 2011. With respect to initial BRS licenses issued on or
after November 6, 2009, the licensee must make a showing of substantial
service within four years from the date of issue of the license.
Incumbent BRS licensees that are required to demonstrate substantial
service by May 1, 2011 must file their substantial service showings
with their renewal applications. “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), (o)(2), or (o)(3)
of this section. If a licensee has not met the requirements of
paragraph (o)(1), (o)(2), or (o)(3) of this section, then demonstration
of substantial service shall proceed on a case-by-case basis. Except as
provided in paragraphs (o)(4) and (o)(5) of this section, all
substantial service determinations will be made on a license-by-license
basis. Failure by any licensee to demonstrate substantial service 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 § 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 § 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.
(p) This section enumerates performance requirements for licensees
holding authorizations for Block A in the 2305-2310 MHz and 2350-2355
MHz bands, Block B in the 2310-2315 MHz and 2355-2360 MHz bands, Block
C in the 2315-2320 MHz band, and Block D in the 2345-2350 MHz band.
(1) For mobile or point-to-multipoint systems, a licensee must provide
reliable signal coverage and offer service to at least 40 percent of
the license area's population by March 4, 2014, and to at least 75
percent of the license area's population by September 1, 2016. If, when
filing the construction notification required under § 1.946(d) of this
chapter, a WCS licensee demonstrates that 25 percent or more of the
license area's population for Block A, B or D is within a coordination
zone as defined by § 27.73(a) of the rules, the foregoing population
benchmarks are reduced to 25 and 50 percent, respectively. The
percentage of a license area's population within a coordination zone
equals the sum of the Census Block Centroid Populations within the
area, divided by the license area's total population.
(2) For point-to-point fixed systems, except those deployed in the Gulf
of Mexico license area, a licensee must construct and operate a minimum
of 15 point-to-point links per million persons (one link per 67,000
persons) in a license area by March 4, 2014, and 30 point-to-point
links per million persons (one link per 33,500 persons) in a licensed
area by September 1, 2016. The exact link requirement is calculated by
dividing a license area's total population by 67,000 and 33,500 for the
respective milestones, and then rounding upwards to the next whole
number. For a link to be counted towards these benchmarks, both of its
endpoints must be located in the license area. If only one endpoint of
a link is located in a license area, it can be counted as a one- half
link towards the benchmarks.
(3) For point-to-point fixed systems deployed on any spectrum block in
the Gulf of Mexico license area, a licensee must construct and operate
a minimum of 15 point-to-point links by March 4, 2014, and a minimum of
15 point-to-point links by September 1, 2016.
(4) Under paragraph (p)(2) and (p)(3) of this section, each fixed link
must provide a minimum bit rate, in bits per second, equal to or
greater than the bandwidth specified by the emission designator in
Hertz ( e.g., equipment transmitting at a 5 Mb/s rate must not require
a bandwidth of greater than 5 MHz).
(5) If an initial authorization for a license area is granted after
September 1, 2010, then the applicable benchmarks in paragraphs (p)(1),
(p)(2) and (p)(3) of this section must be met within 42 and 72 months,
respectively, of the initial authorization grant date.
(6) Licensees must use the most recently available U.S. Census Data at
the time of measurement to meet these performance requirements.
(7) Licensees must certify compliance with the applicable performance
requirements by filing a construction notification with the Commission,
within 15 days of the expiration of the relevant performance milestone,
pursuant to § 1.946(d) of this chapter. Each construction notification
must include electronic coverage maps, supporting technical
documentation, and any other information as the Wireless
Telecommunications Bureau may prescribe by public notice. Electronic
coverage maps must accurately depict the boundaries of each license
area (Regional Economic Area Grouping, REAG, or Major Economic Area,
MEA) in the licensee's service territory. Further, REAG maps must
depict MEA boundaries and MEA maps must depict Economic Area
boundaries. If a licensee does not provide reliable signal coverage to
an entire license area, its map must accurately depict the boundaries
of the area or areas within each license area not being served. Each
licensee also must file supporting documentation certifying the type of
service it is providing for each REAG or MEA within its service
territory and the type of technology used to provide such service.
Supporting documentation must include the assumptions used to create
the coverage maps, including the propagation model and the signal
strength necessary to provide reliable service with the licensee's
technology.
(8) If a licensee fails to meet any applicable performance requirement,
its authorization will terminate automatically without further
Commission action as of the applicable performance milestone and the
licensee will be ineligible to regain it.
[ 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; 74 FR 8878 , Feb. 27, 2009; 75 FR 33731 , June 15,
2010; 75 FR 45069 , Aug. 2, 2010]
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