§ 101.527   Construction requirements for 24 GHz operations.

   (a) Each licensee must make a showing of “substantial service” within ten
   years of its license grant. A “substantial service” assessment will be made
   at renewal pursuant to the provisions and procedures set forth in § 1.949 of
   this chapter. “Substantial service” is a service which is sound, favorable,
   and  substantially  above a level of mediocre service which just might
   minimally warrant renewal during its past license term.

   (b) Each licensee must, at a minimum file:

   (1) A report, maps and other supporting documents describing its current
   service  in  terms of geographic coverage and population served to the
   Commission. The report must also contain a description of the licensees'
   investments in its operations. The report must be labeled as an attachment
   to the renewal application; 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) Failure to demonstrate that substantial service is being provided in the
   service area will result in forfeiture of the license, and the licensee will
   be unable to regain it.

   (d) The frequencies associated with incumbent authorizations, licensed on a
   SMSA basis, that have cancelled automatically or otherwise been recovered by
   the Commission will automatically revert to the applicable EA licensee.

   [ 65 FR 59360 , Oct. 5, 2000]

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