§ 101.527   Construction requirements for 24 GHz operations.

   (a) Each licensee must make a showing of “substantial service” within
   ten years of its license grant. A “substantial service” assessment will
   be made at renewal pursuant to the provisions and procedures set forth
   in § 1.949 of this chapter. “Substantial service” is a service which is
   sound, favorable, and substantially above a level of mediocre service
   which just might minimally warrant renewal during its past license
   term.

   (b) Each licensee must, at a minimum file:

   (1) A report, maps and other supporting documents describing its
   current service in terms of geographic coverage and population served
   to the Commission. The report must also contain a description of the
   licensees' investments in its operations. The report must be labeled as
   an attachment to the renewal application; and

   (2) 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
   (b)(2).

   (c) Failure to demonstrate that substantial service is being provided
   in the service area will result in forfeiture of the license, and the
   licensee will be unable to regain it.

   (d) The frequencies associated with incumbent authorizations, licensed
   on a SMSA basis, that have cancelled automatically or otherwise been
   recovered by the Commission will automatically revert to the applicable
   EA licensee.

   [ 65 FR 59360 , Oct. 5, 2000]

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