§  101.305   Discontinuance, reduction or impairment of service.

   (a) If the public communication service provided by a station in the
   Common Carrier Radio Services, the Local Multipoint Distribution
   Service or 24 GHz Service is involuntarily discontinued, reduced or
   impaired for a period exceeding 48 hours, the station licensee must
   promptly notify the Commission. In every such case, the licensee must
   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 must be given Commission.

   (b) No station licensee subject to title II of the Communications Act
   of 1934, as amended, may 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. In the event that
   permanent discontinuance of service is authorized by the Commission,
   the station license is terminated; except that station licenses in the
   Local Multipoint Distribution Service and 24 GHz Service are not
   terminated if the discontinuance is a result of a change of status by
   the licensee from common carrier to non-common carrier pursuant to
   § 1.929 of this chapter.

   (c) Any 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
   must notify the Commission within 7 days thereof. In the event of
   permanent discontinuance of service, the station license is
   automatically terminated; except that station licenses in the Local
   Multipoint Distribution Service and 24 GHz Service are not terminated
   if the discontinuance is a result of a change of status by the licensee
   from non-common carrier to common carrier pursuant to § 1.929 of this
   chapter.

   (d) If any common carrier 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 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 must, within thirty days of the
   end of such period of nonuse:

   (1) Cancel the station license (or licenses); or

   (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.

   [ 61 FR 26677 , May 28, 1996, as amended at  62 FR 23168 , Apr. 29, 1997;
    63 FR 68983 , Dec. 14, 1998;  65 FR 59359 , Oct. 5, 2000]