§  22.873   Construction requirements for commercial aviation air-ground
systems.

   Licensees authorized to use more than one megahertz (1 MHz) of the 800
   MHz commercial aviation air-ground spectrum allocation (see § 22.857)
   must make a showing of "substantial service" as set forth in this
   section. Failure by any such licensee to meet this requirement will
   result in forfeiture of the license and the licensee will be ineligible
   to regain it. Licensees authorized to use one megahertz or less of the
   800 MHz commercial aviation air-ground spectrum allocation are not
   subject to the requirements in this section.

   (a) "Substantial service" is defined as service that is sound,
   favorable, and substantially above a level of mediocre service that
   just might minimally warrant renewal.

   (b) Each commercial aviation air-ground system subject to the
   requirements of this section must demonstrate substantial service
   within 5 years after grant of the authorization. Substantial service
   may be demonstrated by, but is not limited to, either of the following
   "safe harbor" provisions:

   (1) Construction and operation of 20 ground stations, with at least one
   ground station located in each of the 10 Federal Aviation
   Administration regions; or,

   (2) Provision of service to the airspace of 25 of the 50 busiest
   airports (as measured by annual passenger boardings).

   [ 70 FR 19310 , Apr. 13, 2005]