§ 1.949   Application for renewal of authorization.

   (a) Filing requirements. Applications for renewal of authorizations in
   the Wireless Radio Services must be filed no later than the expiration
   date of the authorization, and no sooner than 90 days prior to the
   expiration date. Renewal applications must be filed on the same form as
   applications for initial authorization in the same service, i.e., FCC
   Form 601 or 605.

   (b) Common expiration date. Licensees with multiple authorizations in
   the same service may request a common date on which such authorizations
   expire for renewal purposes. License terms may be shortened by up to
   one year but will not be extended.

   (c) Implementation. Covered Site-based Licenses, except Common Carrier
   Fixed Point-to-Point Microwave Service (part 101, subpart I of this
   chapter), and Covered Geographic Licenses in the 600 MHz Service (part
   27, subpart N); 700 MHz Commercial Services (part 27, subpart F);
   Advanced Wireless Services (part 27, subpart L) (AWS-3 (1695-1710 MHz,
   1755-1780 MHz, and 2155-2180 MHz) and AWS-4 (2000-2020 MHz and
   2180-2200 MHz) only); and H Block Service (part 27, subpart K) must
   comply with paragraphs (d) through (h) of this section. All other
   Covered Geographic Licenses must comply with paragraphs (d) through (h)
   of this section beginning on January 1, 2023. Common Carrier Fixed
   Point-to-Point Microwave Service (part 101, subpart I) must comply with
   paragraphs (d) through (h) of this section beginning on October 1,
   2018.

   (d) Renewal Standard. An applicant for renewal of an authorization of a
   Covered Site-based License or a Covered Geographic License must
   demonstrate that over the course of the license term, the licensee(s)
   provided and continue to provide service to the public, or operated and
   continue to operate the license to meet the licensee(s)' private,
   internal communications needs.

   (e) Safe harbors. An applicant for renewal will meet the Renewal
   Standard if it can certify that it has satisfied the requirements of
   one of the following safe harbors:

   (1) Covered Site-based Licenses. (i) The applicant must certify that it
   is continuing to operate consistent with its most recently filed
   construction notification (or most recent authorization, when no
   construction notification is required).

   (ii) The applicant must certify that no permanent discontinuance of
   service occurred during the license term. This safe harbor may be used
   by any Covered Site-based License.

   (2) Geographic licenses—commercial service. (i) For an applicant in its
   initial license term with an interim performance requirement, the
   applicant must certify that it has met its interim performance
   requirement and that over the portion of the license term following the
   interim performance requirement, the applicant continues to use its
   facilities to provide at least the level of service required by its
   interim performance requirement; and the licensee has met its final
   performance requirement and continues to use its facilities to provide
   at least the level of service required by its final performance
   requirement through the end of the license term. For an applicant in
   its initial license term with no interim performance requirement, the
   applicant must certify that it has met its final performance
   requirement and continues to use its facilities to provide at least the
   level of service required by its final performance requirement through
   the end of the license term. For an applicant in any subsequent license
   term, the applicant must certify that it continues to use its
   facilities to provide at least the level of service required by its
   final performance requirement through the end of any subsequent license
   terms.

   (ii) The applicant must certify that no permanent discontinuance of
   service occurred during the license term. This safe harbor may be used
   by any Covered Geographic License.

   (3) Geographic licenses—private systems. (i) For an applicant in its
   initial license term with an interim performance requirement, the
   applicant must certify that it has met its interim performance
   requirement and that over the portion of the license term following the
   interim performance requirement, the applicant continues to use its
   facilities to further the applicant's private business or public
   interest/public safety needs at or above the level required to meet its
   interim performance requirement; and the applicant has met its final
   performance requirement and continues to use its facilities to provide
   at least the level of operation required by its final performance
   requirement through the end of the license term. For an applicant in
   its initial license term with no interim performance requirement, the
   applicant must certify that it has met its final performance
   requirement and continues to use its facilities to provide at least the
   level of operation required by its final performance requirement
   through the end of the license term. For an applicant in any subsequent
   license term, the applicant must certify that it continues to use its
   facilities to further the applicant's private business or public
   interest/public safety needs at or above the level required to meet its
   final performance requirement.

   (ii) The applicant must certify that no permanent discontinuance of
   operation occurred during the license term. This safe harbor may be
   used by any Covered Geographic License.

   (4) Partitioned or disaggregated license without a performance
   requirement. (i) The applicant must certify that it continues to use
   its facilities to provide service or to further the applicant's private
   business or public interest/public safety needs.

   (ii) The applicant must certify that no permanent discontinuance of
   service occurred during the license term. This safe harbor may be used
   by any Covered Geographic License.

   (f) Renewal Showing. If an applicant for renewal cannot meet the
   Renewal Standard in paragraph (d) of this section by satisfying the
   requirements of one of the safe harbors in paragraph (e) of this
   section, it must make a Renewal Showing, independent of its performance
   requirements, as a condition of renewal. The Renewal Showing must
   specifically address the Renewal Standard by including a detailed
   description of the applicant's provision of service (or, when allowed
   under the relevant service rules or pursuant to waiver, use of the
   spectrum for private, internal communication) during the entire license
   period and address, as applicable:

   (1) The level and quality of service provided by the applicant (e.g.,
   the population served, the area served, the number of subscribers, the
   services offered);

   (2) The date service commenced, whether service was ever interrupted,
   and the duration of any interruption or outage;

   (3) The extent to which service is provided to rural areas;

   (4) The extent to which service is provided to qualifying tribal land
   as defined in § 1.2110(e)(3)(i) of this chapter; and

   (5) Any other factors associated with the level of service to the
   public.

   (g) Regulatory Compliance Certification. An applicant for renewal of an
   authorization in the Wireless Radio Services identified in paragraph
   (d) of this section must make a Regulatory Compliance Certification
   certifying that it has substantially complied with all applicable FCC
   rules, policies, and the Communications Act of 1934, as amended.

   (h) Consequences of denial. If the Commission, or the Wireless
   Telecommunications Bureau acting under delegated authority, finds that
   a licensee has not met the Renewal Standard under paragraph (d) of this
   section, or that its Regulatory Compliance Certification under
   paragraph (g) of this section is insufficient, its renewal application
   will be denied, and its licensed spectrum will return automatically to
   the Commission for reassignment (by auction or other mechanism). In the
   case of certain services licensed site-by-site, the spectrum will
   revert automatically to the holder of the related overlay
   geographic-area license. To the extent that an AWS-4 licensee also
   holds the 2 GHz Mobile Satellite Service (MSS) rights for the affected
   license area, the MSS protection rule in § 27.1136 of this chapter will
   no longer apply in that license area.

   [ 82 FR 41545 , Sept. 1, 2017]

   Effective Date Note: At  82 FR 41545 , Sept. 1, 2017, § 1.949 was revised.
   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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