Goto Section: 1.951 | 1.955 | Table of Contents
FCC 1.953
Revised as of October 1, 2020
Goto Year:2019 |
2021
§ 1.953 Discontinuance of service or operations.
(a) Termination of authorization. A licensee's authorization will
automatically terminate, without specific Commission action, if the
licensee permanently discontinues service or operations under the
license during the license term. A licensee is subject to this
provision commencing on the date it is required to be providing service
or operating.
(b) 180-day Rule for Geographic Licenses. Permanent discontinuance of
service or operations for Covered Geographic Licenses is defined as 180
consecutive days during which a licensee does not operate or, in the
case of commercial mobile radio service providers, does not provide
service to at least one subscriber that is not affiliated with,
controlled by, or related to the licensee.
(c) 365-day Rule for Site-based Licenses. Permanent discontinuance of
service or operations for Covered Site-based Licenses is defined as 365
consecutive days during which a licensee does not operate or, in the
case of commercial mobile radio service providers, does not provide
service to at least one subscriber that is not affiliated with,
controlled by, or related to the providing carrier.
(d) 365-day Rule for public safety licenses. Permanent discontinuance
of operations is defined as 365 consecutive days during which a
licensee does not operate. This 365-day rule applies to public safety
licenses issued based on the applicant demonstrating eligibility under
§ 90.20 or § 90.529 of this chapter, or public safety licenses issued in
conjunction with a waiver pursuant to section 337 of the Communications
Act.
(e) Channel keepers. Operation of channel keepers (devices that
transmit test signals, tones, color bars, or some combination of these,
for example) does not constitute operation or service for the purposes
of this section.
(f) Filing requirements. A licensee that permanently discontinues
service as defined in this section must notify the Commission of the
discontinuance within 10 days by filing FCC Form 601 or 605 requesting
license cancellation. An authorization will automatically terminate,
without specific Commission action, if service or operations are
permanently discontinued as defined in this section, even if a licensee
fails to file the required form requesting license cancellation.
(g) Extension request. A licensee may file a request for a longer
discontinuance period for good cause. An extension request must be
filed at least 30 days before the end of the applicable 180-day or
365-day discontinuance period. The filing of an extension request will
automatically extend the discontinuance period a minimum of the later
of an additional 30 days or the date upon which the Wireless
Telecommunications Bureau acts on the request.
[ 82 FR 41547 , Sept. 1, 2017]
Goto Section: 1.951 | 1.955
Goto Year: 2019 |
2021
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