§ 101.529   Renewal expectancy criteria for 24 GHz licenses.

   (a) A renewal applicant involved in a renewal proceeding shall receive
   a preference, commonly referred to as a renewal expectancy, that is the
   most important factor to be considered in the proceeding as long as the
   applicant's past record for the relevant license period demonstrates
   that:

   (1) The renewal applicant has provided "substantial service" pursuant
   to § 101.527; and

   (2) The renewal applicant has substantially complied with applicable
   FCC rules, policies, and the Communications Act of 1934, as amended.

   (b) In order to establish its right to a renewal expectancy, a licensee
   in the 24 GHz service involved in a renewal proceeding must submit a
   showing explaining why it should receive a renewal expectancy. At a
   minimum, this showing must include:

   (1) A description of how the licensee has complied with the
   "substantial service" requirement; 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) 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.

   [ 65 FR 59361 , Oct. 5, 2000]

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