§ 1.953   Discontinuance of service or operations.

   (a) Termination of authorization. A licensee's authorization will
   automatically terminate, without specific Commission action, if the
   licensee permanently discontinues service or operations under the
   license during the license term. A licensee is subject to this
   provision commencing on the date it is required to be providing service
   or operating.

   (b) 180-day Rule for Geographic Licenses. Permanent discontinuance of
   service or operations for Covered Geographic Licenses is defined as 180
   consecutive days during which a licensee does not operate or, in the
   case of commercial mobile radio service providers, does not provide
   service to at least one subscriber that is not affiliated with,
   controlled by, or related to the licensee.

   (c) 365-day Rule for Site-based Licenses. Permanent discontinuance of
   service or operations for Covered Site-based Licenses is defined as 365
   consecutive days during which a licensee does not operate or, in the
   case of commercial mobile radio service providers, does not provide
   service to at least one subscriber that is not affiliated with,
   controlled by, or related to the providing carrier.

   (d) 365-day Rule for public safety licenses. Permanent discontinuance
   of operations is defined as 365 consecutive days during which a
   licensee does not operate. This 365-day rule applies to public safety
   licenses issued based on the applicant demonstrating eligibility under
   § 90.20 or § 90.529 of this chapter, or public safety licenses issued in
   conjunction with a waiver pursuant to section 337 of the Communications
   Act.

   (e) Channel keepers. Operation of channel keepers (devices that
   transmit test signals, tones, color bars, or some combination of these,
   for example) does not constitute operation or service for the purposes
   of this section.

   (f) Filing requirements. A licensee that permanently discontinues
   service as defined in this section must notify the Commission of the
   discontinuance within 10 days by filing FCC Form 601 or 605 requesting
   license cancellation. An authorization will automatically terminate,
   without specific Commission action, if service or operations are
   permanently discontinued as defined in this section, even if a licensee
   fails to file the required form requesting license cancellation.

   (g) Extension request. A licensee may file a request for a longer
   discontinuance period for good cause. An extension request must be
   filed at least 30 days before the end of the applicable 180-day or
   365-day discontinuance period. The filing of an extension request will
   automatically extend the discontinuance period a minimum of the later
   of an additional 30 days or the date upon which the Wireless
   Telecommunications Bureau acts on the request.

   [ 82 FR 41547 , Sept. 1, 2017]

   Effective Date Note: At  82 FR 41547 , Sept. 1, 2017, § 1.953 was added.
   This section contains information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.

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