§  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.

   (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]

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Subpart V--Competitive Bidding Procedures for 800 MHz Specialized Mobile
Radio Service

   Source:  61 FR 6159 , Feb. 16, 1996, unless otherwise noted.

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