Sec. 21.303  Discontinuance, reduction or impairment of service.

    (a) If the public communication service provided by a station 
subject to this rule part is involuntarily discontinued, reduced or 
impaired for a period exceeding 48 hours, the station licensee shall 
promptly give notification thereof in writing to the Mass Media Bureau 
at Washington, DC 20554. In every such case, the licensee shall furnish 
full particulars as to the reasons for such discontinuance, reduction or 
impairment of service, including a statement as to when normal service 
is expected to be resumed. When normal service is resumed, prompt 
notification thereof shall be given in writing to the Mass Media Bureau 
at Washington, DC 20554.
    (b) No station licensee subject to title II of the Communications 
Act of 1934, as amended, shall voluntarily discontinue, reduce or impair 
public communication service to a community or part of a community 
without obtaining prior authorization from the Commission pursuant to 
the procedures set forth in part 63 of this chapter or complying with 
the requirements set forth at Sec. 21.910. In the event that permanent 
discontinuance of service is authorized by the Commission, the station 
licensee shall promptly send the station license for cancellation to the 
Mass Media Bureau at Washington, DC 20554, except that station licenses 
need not be surrendered for cancellation if the discontinuance is a 
result of a change of status by a Multipoint Distribution Service 
licensee from common carrier to non-common carrier pursuant to 
Sec. 21.910.
    (c) Any station licensee, not subject to title II of the 
Communications Act of 1934, as amended, who voluntarily discontinues, 
reduces or impairs public communication service to a community or a part 
of a community shall give written notification to the Commission within 
7 days thereof. In the event of permanent discontinuance of service, the 
station licensee shall promptly send the station license for 
cancellation to the Mass Media Bureau at Washington, DC 20554, except 
that Multipoint Distribution Service station licenses need not be 
surrendered for cancellation if the discontinuance is a result of a 
change of status by a Multipoint Distribution Service licensee from non-
common carrier to common carrier.
    (d) If any radio frequency should not be used to render any service 
as authorized during a consecutive period of twelve months at any time 
after construction is completed and a certification of completion of 
construction has been filed, under circumstances that do not fall within 
the provisions of paragraph (a), (b) or (c) of this section, or, if 
removal of equipment or facilities has rendered the station not 
operational, the licensee shall, within thirty days of the end of such 
period of nonuse:
    (1) Submit for cancellation the station license (or licenses) to the 
Commission at Washington, DC 20554.
    (2) File an application for modification of the license (or 
licenses) to delete the unused frequency (or frequencies); or
    (3) Request waiver of this rule and demonstrate either that the 
frequency will be used (as evidenced by appropriate requests for 
service, etc.) within six months of the end of the initial period of 
nonuse, or that the frequency will be converted to allow rendition of 
other authorized public services within one year of the end of the 
initial period of nonuse by the filing of appropriate applications 
within six months of the end of the period of nonuse.

[[Page 52]]


If any frequency authorization is cancelled under this paragraph, the 
Commission will declare by public notice the frequency (or frequencies) 
vacated.
[ 44 FR 60534 , Oct. 19, 1979, as amended at  52 FR 27555 , July 22, 1987; 
 52 FR 37784 , Oct. 9, 1987;  58 FR 19774 , Apr. 16, 1993;  61 FR 26676 , May 
28, 1996]