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.

[[Page 605]]

    (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.