§ 27.14   Construction requirements; Criteria for renewal.

   (a) AWS and WCS licensees, with the exception of WCS licensees holding
   authorizations for the 600 MHz band, Block A in the 698-704 MHz and 728-734
   MHz bands, Block B in the 704-710 MHz and 734-740 MHz bands, Block E in the
   722-728 MHz band, Block C, C1 or C2 in the 746-757 MHz and 776-787 MHz
   bands, Block A in the 2305-2310 MHz and 2350-2355 MHz bands, Block B in the
   2310-2315 MHz and 2355-2360 MHz bands, Block C in the 2315-2320 MHz band,
   and Block D in the 2345-2350 MHz band, and with the exception of licensees
   holding AWS authorizations in the 1915-1920 MHz and 1995-2000 MHz bands, the
   2000-2020 MHz and 2180-2200 MHz bands, or 1695-1710 MHz, 1755-1780 MHz and
   2155-2180 MHz bands, must, as a performance requirement, make a showing of
   “substantial service” in their license area within the prescribed license
   term set forth in § 27.13. “Substantial service” is defined as service which
   is sound, favorable and substantially above a level of mediocre service
   which just might minimally warrant renewal. Failure by any licensee to meet
   this requirement will result in forfeiture of the license and the licensee
   will be ineligible to regain it.

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

   (1) The renewal applicant has provided “substantial” service during its past
   license term; and

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

   (c) In order to establish its right to a renewal expectancy, a WCS 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:

   (1) A description of its current service in terms of geographic coverage and
   population served;

   (2) An explanation of its record of expansion, including a timetable of new
   construction to meet changes in demand for service;

   (3) A description of its investments in its WCS system; and

   (4) 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.

   (d) 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.

   (e) Comparative renewal proceedings do not apply to WCS licensees holding
   authorizations for Block A in the 698-704 MHz and 728-734 MHz bands, Block B
   in the 704-710 MHz and 734-740 MHz bands, Block C in the 710-716 MHz and
   740-746 MHz bands, Block D in the 716-722 MHz band, Block E in the 722-728
   MHz band, or Block C, C1 or C2 in the 746-757 MHz and 776-787 MHz bands.
   Each of these licensees must file a renewal application in accordance with
   the provisions set forth in § 1.949, and must make a showing of substantial
   service, independent of its performance requirements, as a condition for
   renewal at the end of each license term.

   (f) Comparative renewal proceedings do not apply to WCS licensees holding
   authorizations for the 600 MHz band, 698-746 MHz, 747-762 MHz, and 777-792
   MHz bands or licensees holding AWS authorizations for the 1915-1920 MHz and
   1995-2000 MHz bands or the 2000-2020 MHz and 2180-2200 MHz bands, or the
   1695-1710 MHz, or the 1755-1780 MHz and 2155-2180 MHz bands. These licensees
   must file a renewal application in accordance with the provisions set forth
   in § 1.949 of this chapter.

   (g) WCS licensees holding EA authorizations for Block A in the 698-704 MHz
   and 728-734 MHz bands, cellular market authorizations for Block B in the
   704-710 MHz and 734-740 MHz bands, or EA authorizations for Block E in the
   722-728 MHz band, if the results of the first auction in which licenses for
   such authorizations are offered satisfy the reserve price for the applicable
   block, shall provide signal coverage and offer service over at least 35
   percent of the geographic area of each of their license authorizations no
   later than June 13, 2013 (or within four years of initial license grant if
   the initial authorization in a market is granted after June 13, 2009), and
   shall provide such service over at least 70 percent of the geographic area
   of each of these authorizations by the end of the license term. In applying
   these geographic benchmarks, licensees are not required to include land
   owned or administered by government as a part of the relevant service area.
   Licensees may count covered government land for purposes of meeting their
   geographic construction benchmark, but are required to add the covered
   government land to the total geographic area used for measurement purposes.
   Licensees are required to include those populated lands held by tribal
   governments and those held by the Federal Government in trust or for the
   benefit of a recognized tribe.

   (1) If an EA or CMA licensee holding an authorization in these particular
   blocks fails to provide signal coverage and offer service over at least 35
   percent of the geographic area of its license authorization by no later than
   June 13, 2013 (or within four years of initial license grant, if the initial
   authorization in a market is granted after June 13, 2009), the term of that
   license authorization will be reduced by two years and such licensee may be
   subject to enforcement action, including forfeitures. In addition, an EA or
   CMA licensee that provides signal coverage and offers service at a level
   that is below this interim benchmark may lose authority to operate in part
   of the remaining unserved areas of the license.

   (2) If any such EA or CMA licensee fails to provide signal coverage and
   offer service to at least 70 percent of the geographic area of its license
   authorization by the end of the license term, that licensee's authorization
   will terminate automatically without Commission action for those geographic
   portions of its license in which the licensee is not providing service, and
   those  unserved  areas  will  become available for reassignment by the
   Commission.  Such  licensee may also be subject to enforcement action,
   including forfeitures. In addition, an EA or CMA licensee that provides
   signal coverage and offers service at a level that is below this end-of-term
   benchmark  may  be subject to license termination. In the event that a
   licensee's authority to operate in a license area terminates automatically
   without Commission action, such areas will become available for reassignment
   pursuant to the procedures in paragraph (j) of this section.

   (3) For licenses under paragraph (g) of this section, the geographic service
   area to be made available for reassignment must include a contiguous area of
   at least 130 square kilometers (50 square miles), and areas smaller than a
   contiguous area of at least 130 square kilometers (50 square miles) will not
   be deemed unserved.

   (h) WCS licensees holding REAG authorizations for Block C in the 746-757 MHz
   and 776-787 MHz bands or REAG authorizations for Block C2 in the 752-757 MHz
   and 782-787 MHz bands shall provide signal coverage and offer service over
   at least 40 percent of the population in each EA comprising the REAG license
   area no later than June 13, 2013 (or within four years of initial license
   grant, if the initial authorization in a market is granted after June 13,
   2009),  and shall provide such service over at least 75 percent of the
   population of each of these EAs by the end of the license term. For purposes
   of compliance with this requirement, licensees should determine population
   based on the most recently available U.S. Census Data.

   (1) If a licensee holding a Block C authorization fails to provide signal
   coverage and offer service over at least 40 percent of the population in
   each EA comprising the REAG license area by no later than June 13, 2013 (or
   within four years of initial license grant if the initial authorization in a
   market  is  granted  after  June  13,  2009),  the term of the license
   authorization will be reduced by two years and such licensee may be subject
   to enforcement action, including forfeitures. In addition, a licensee that
   provides signal coverage and offers service at a level that is below this
   interim benchmark may lose authority to operate in part of the remaining
   unserved areas of the license.

   (2) If a licensee holding a Block C authorization fails to provide signal
   coverage and offer service over at least 75 percent of the population in any
   EA comprising the REAG license area by the end of the license term, for each
   such EA that licensee's authorization will terminate automatically without
   Commission action for those geographic portions of its license in which the
   licensee is not providing service. Such licensee may also be subject to
   enforcement action, including forfeitures. In the event that a licensee's
   authority to operate in a license area terminates automatically without
   Commission  action,  such areas will become available for reassignment
   pursuant to the procedures in paragraph (j) of this section. In addition, a
   REAG licensee that provides signal coverage and offers service at a level
   that is below this end-of-term benchmark within any EA may be subject to
   license termination within that EA.

   (3) For licenses under paragraph (h), the geographic service area to be made
   available for reassignment must include a contiguous area of at least 130
   square kilometers (50 square miles), and areas smaller than a contiguous
   area of at least 130 square kilometers (50 square miles) will not be deemed
   unserved.

   (i) WCS licensees holding EA authorizations for Block A in the 698-704 MHz
   and 728-734 MHz bands, cellular market authorizations for Block B in the
   704-710 MHz and 734-740 MHz bands, or EA authorizations for Block E in the
   722-728 MHz band, if the results of the first auction in which licenses for
   such authorizations in Blocks A, B, and E are offered do not satisfy the
   reserve price for the applicable block, as well as EA authorizations for
   Block  C1 in the 746-752 MHz and 776-782 MHz bands, are subject to the
   following:

   (1) If a licensee holding a cellular market area or EA authorization subject
   to this paragraph (i) fails to provide signal coverage and offer service
   over at least 40 percent of the population in its license area by no later
   than June 13, 2013 (or within four years of initial license grant, if the
   initial authorization in a market is granted after June 13, 2009), the term
   of that license authorization will be reduced by two years and such licensee
   may be subject to enforcement action, including forfeitures. In addition,
   such licensee that provides signal coverage and offers service at a level
   that is below this interim benchmark may lose authority to operate in part
   of the remaining unserved areas of the license. For purposes of compliance
   with this requirement, licensees should determine population based on the
   most recently available U.S. Census Data.

   (2) If a licensee holding a cellular market area or EA authorization subject
   to this paragraph (i) fails to provide signal coverage and offer service
   over at least 75 percent of the population in its license area by the end of
   the license term, that licensee's authorization will terminate automatically
   without Commission action for those geographic portions of its license in
   which the licensee is not providing service, and those unserved areas will
   become available for reassignment by the Commission. Such licensee may also
   be subject to enforcement action, including forfeitures. In the event that a
   licensee's authority to operate in a license area terminates automatically
   without Commission action, such areas will become available for reassignment
   pursuant to the procedures in paragraph (j) of this section. In addition,
   such a licensee that provides signal coverage and offers service at a level
   that  is  below  this  end-of-term benchmark may be subject to license
   termination. For purposes of compliance with this requirement, licensees
   should determine population based on the most recently available U.S. Census
   Data.

   (3) For licenses under paragraph (i), the geographic service area to be made
   available for reassignment must include a contiguous area of at least 130
   square kilometers (50 square miles), and areas smaller than a contiguous
   area of at least 130 square kilometers (50 square miles) will not be deemed
   unserved.

   (j) In the event that a licensee's authority to operate in a license area
   terminates automatically under paragraphs (g), (h), or (i) of this section,
   such areas will become available for reassignment pursuant to the following
   procedures:

   (1)  The  Wireless Telecommunications Bureau is delegated authority to
   announce by public notice that these license areas will be made available
   and establish a 30-day window during which third parties may file license
   applications to serve these areas. During this 30-day period, licensees that
   had their authority to operate terminate automatically for unserved areas
   may not file applications to provide service to these areas. Applications
   filed  by  third  parties  that  propose  areas overlapping with other
   applications will be deemed mutually exclusive, and will be resolved through
   an auction. The Wireless Telecommunications Bureau, by public notice, may
   specify a limited period before the filing of short-form applications (FCC
   Form 175) during which applicants may enter into a settlement to resolve
   their  mutual exclusivity, subject to the provisions of § 1.935 of this
   chapter.

   (2) Following this 30-day period, the original licensee and third parties
   can file license applications for remaining unserved areas where licenses
   have not been issued or for which there are no pending applications. If the
   original licensee or a third party files an application, that application
   will  be placed on public notice for 30 days. If no mutually exclusive
   application is filed, the application will be granted, provided that a grant
   is found to be in the public interest. If a mutually exclusive application
   is  filed,  it  will  be  resolved  through  an  auction. The Wireless
   Telecommunications Bureau, by public notice, may specify a limited period
   before the filing of short-form applications (FCC Form 175) during which
   applicants may enter into a settlement to resolve their mutual exclusivity,
   subject to the provisions of § 1.935 of this chapter.

   (3) The licensee will have one year from the date the new license is issued
   to complete its construction and provide signal coverage and offer service
   over 100 percent of the geographic area of the new license area. If the
   licensee fails to meet this construction requirement, its license will
   automatically  terminate  without Commission action and it will not be
   eligible to apply to provide service to this area at any future date.

   (k) Licensees holding WCS or AWS authorizations in the spectrum blocks
   enumerated in paragraphs (g), (h), (i), (q), (r), (s), and (t) of this
   section, including any licensee that obtained its license pursuant to the
   procedures set forth in paragraph (j) of this section, shall demonstrate
   compliance  with  performance  requirements  by  filing a construction
   notification with the Commission, within 15 days of the expiration of the
   applicable  benchmark,  in accordance with the provisions set forth in
   § 1.946(d) of this chapter. The licensee must certify whether it has met the
   applicable performance requirements. The licensee must file a description
   and  certification of the areas for which it is providing service. The
   construction notifications must include electronic coverage maps, supporting
   technical  documentation  and  any  other  information as the Wireless
   Telecommunications Bureau may prescribe by public notice.

   (l) WCS licensees holding authorizations in the spectrum blocks enumerated
   in paragraphs (g), (h), or (i) of this section, excluding any licensee that
   obtained its license pursuant to the procedures set forth in subsection (j)
   of this section, shall file reports with the Commission that provide the
   Commission, at a minimum, with information concerning the status of their
   efforts  to  meet  the  performance  requirements  applicable to their
   authorizations in such spectrum blocks and the manner in which that spectrum
   is being utilized. The information to be reported will include the date the
   license term commenced, a description of the steps the licensee has taken
   toward meeting its construction obligations in a timely manner, including
   the technology or technologies and service(s) being provided, and the areas
   within the license area in which those services are available. Each of these
   licensees shall file its first report with the Commission no later than June
   13, 2011 and no sooner than 30 days prior to this date. Each licensee that
   meets its interim benchmarks shall file a second report with the Commission
   no later than June 13, 2016 and no sooner than 30 days prior to this date.
   Each licensee that does not meet its interim benchmark shall file this
   second report no later than on June 13, 2015 and no sooner than 30 days
   prior to this date.

   (m)-(n) [Reserved]

   (o) BRS and EBS licensees originally issued a BRS or EBS license prior to
   November 6, 2009 must make a showing of substantial service no later than
   May  1,  2011. With respect to initial BRS licenses issued on or after
   November 6, 2009, the licensee must make a showing of substantial service
   within four years from the date of issue of the license. Incumbent BRS
   licensees that are required to demonstrate substantial service by May 1,
   2011  must  file their substantial service showings with their renewal
   applications. “Substantial service” is defined as service which is sound,
   favorable, and substantially above a level of mediocre service which just
   might  minimally  warrant renewal. Substantial service for BRS and EBS
   licensees is satisfied if a licensee meets the requirements of paragraph
   (o)(1), (o)(2), or (o)(3) of this section. If a licensee has not met the
   requirements of paragraph (o)(1), (o)(2), or (o)(3) of this section, then
   demonstration of substantial service shall proceed on a case-by-case basis.
   Except as provided in paragraphs (o)(4) and (o)(5) of this section, all
   substantial service determinations will be made on a license-by-license
   basis. Failure by any licensee to demonstrate substantial service will
   result in forfeiture of the license and the licensee will be ineligible to
   regain it.

   (1) A BRS or EBS licensee has provided “substantial service” by:

   (i) Constructing six permanent links per one million people for licensees
   providing fixed point-to-point services;

   (ii) Providing coverage of at least 30 percent of the population of the
   licensed  area  for  licensees  providing  mobile  services  or  fixed
   point-to-multipoint services;

   (iii) Providing service to “rural areas” (a county (or equivalent) with a
   population density of 100 persons per square mile or less, based upon the
   most  recently available Census data) and areas with limited access to
   telecommunications services:

   (A) For mobile service, where coverage is provided to at least 75% of the
   geographic area of at least 30% of the rural areas within its service area;
   or

   (B) for fixed service, where the BRS or EBS licensee has constructed at
   least one end of a permanent link in at least 30% of the rural areas within
   its licensed area.

   (iv) Providing specialized or technologically sophisticated service that
   does not require a high level of coverage to benefit consumers; or

   (v) Providing service to niche markets or areas outside the areas served by
   other licensees.

   (2) An EBS licensee has provided “substantial service” when:

   (i) The EBS licensee is using its spectrum (or spectrum to which the EBS
   licensee's educational services are shifted) to provide educational services
   within the EBS licensee's GSA;

   (ii)  the  EBS  licensee's license is actually being used to serve the
   educational mission of one or more accredited public or private schools,
   colleges  or  universities  providing  formal educational and cultural
   development to enrolled students; or

   (iii) the level of service provided by the EBS licensee meets or exceeds the
   minimum usage requirements specified in § 27.1214.

   (3) An EBS or BRS licensee may be deemed to provide substantial service
   through a leasing arrangement if the lessee is providing substantial service
   under  paragraph (o)(1) of this section. The EBS licensee must also be
   otherwise  in  compliance with this Chapter (including the programming
   requirements in § 27.1203 of this subpart).

   (4) If the GSA of a licensee is less than 1924 square miles in size, and
   there  is  an overlapping co-channel station licensed or leased by the
   licensee  or its affiliate, substantial service may be demonstrated by
   meeting the requirements of paragraph (o)(1) or (o)(2) of this section with
   respect to the combined GSAs of both stations.

   (5) If the GSA of a BTA authorization holder, is less than one-half of the
   area  within the BTA for every BRS channel, substantial service may be
   demonstrated for the licenses in question by meeting the requirements of
   paragraph (o)(1) or (o)(2) of this section with respect to the combined GSAs
   of the BTA authorization holder, together with any incumbent authorizations
   licensed or leased by the licensee or its affiliates.

   (p) This section enumerates performance requirements for licensees holding
   authorizations for Block A in the 2305-2310 MHz and 2350-2355 MHz bands,
   Block  B  in the 2310-2315 MHz and 2355-2360 MHz bands, Block C in the
   2315-2320 MHz band, and Block D in the 2345-2350 MHz band.

   (1)  For mobile and point-to-multipoint systems in Blocks A and B, and
   point-to-multipoint systems in Blocks C and D, a licensee must provide
   reliable signal coverage and offer service to at least 40 percent of the
   license area's population by March 13, 2017, and to at least 75 percent of
   the license area's population by September 13, 2019. If, when filing the
   construction notification required under § 1.946(d) of this chapter, a WCS
   licensee  demonstrates  that  25 percent or more of the license area's
   population for Block A, B or D is within a coordination zone as defined by
   § 27.73(a) of the rules, the foregoing population benchmarks are reduced to
   25  and  50  percent, respectively. The percentage of a license area's
   population within a coordination zone equals the sum of the Census Block
   Centroid Populations within the area, divided by the license area's total
   population.

   (2) For point-to-point fixed systems, except those deployed in the Gulf of
   Mexico license area, a licensee must construct and operate a minimum of 15
   point-to-point links per million persons (one link per 67,000 persons) in a
   license area by March 13, 2017, and 30 point-to-point links per million
   persons (one link per 33,500 persons) in a licensed area by September 13,
   2019. The exact link requirement is calculated by dividing a license area's
   total population by 67,000 and 33,500 for the respective milestones, and
   then rounding upwards to the next whole number. For a link to be counted
   towards these benchmarks, both of its endpoints must be located in the
   license area. If only one endpoint of a link is located in a license area,
   it can be counted as a one- half link towards the benchmarks.

   (3) For point-to-point fixed systems deployed on any spectrum block in the
   Gulf of Mexico license area, a licensee must construct and operate a minimum
   of  15  point-to-point  links  by  March 13, 2017, and a minimum of 15
   point-to-point links by September 13, 2019.

   (4) Under paragraph (p)(2) and (p)(3) of this section, each fixed link must
   provide a minimum bit rate, in bits per second, equal to or greater than the
   bandwidth specified by the emission designator in Hertz (e.g., equipment
   transmitting at a 5 Mb/s rate must not require a bandwidth of greater than 5
   MHz).

   (5) If an initial authorization for a license area is granted after March
   13, 2013, then the applicable benchmarks in paragraphs (p)(1), (2) and (3)
   of this section must be met within 48 and 78 months, respectively, of the
   initial authorization grant date.

   (6) Licensees must use the most recently available U.S. Census Data at the
   time of measurement to meet these performance requirements.

   (7)  Licensees must certify compliance with the applicable performance
   requirements by filing a construction notification with the Commission,
   within 15 days of the expiration of the relevant performance milestone,
   pursuant to § 1.946(d) of this chapter. Each construction notification must
   include electronic coverage maps, supporting technical documentation, and
   any  other  information  as the Wireless Telecommunications Bureau may
   prescribe by public notice. Electronic coverage maps must accurately depict
   the boundaries of each license area (Regional Economic Area Grouping, REAG,
   or Major Economic Area, MEA) in the licensee's service territory. Further,
   REAG maps must depict MEA boundaries and MEA maps must depict Economic Area
   boundaries. If a licensee does not provide reliable signal coverage to an
   entire license area, its map must accurately depict the boundaries of the
   area or areas within each license area not being served. Each licensee also
   must file supporting documentation certifying the type of service it is
   providing for each REAG or MEA within its service territory and the type of
   technology used to provide such service. Supporting documentation must
   include the assumptions used to create the coverage maps, including the
   propagation model and the signal strength necessary to provide reliable
   service with the licensee's technology.

   (8) If a licensee fails to meet any applicable performance requirement, its
   authorization will terminate automatically without further Commission action
   as  of  the  applicable performance milestone and the licensee will be
   ineligible to regain it.

   (q)  The  following  provisions  apply  to any licensee holding an AWS
   authorization  in the 2000-2020 MHz and 2180-2200 MHz bands (an “AWS-4
   licensee”):

   (1) An AWS-4 licensee shall provide terrestrial signal coverage and offer
   terrestrial service within four (4) years from the date of the license to at
   least forty (40) percent of the total population in the aggregate service
   areas that it has licensed in the 2000-2020 MHz and 2180-2200 MHz bands
   (“AWS-4 Interim Buildout Requirement”). For purposes of this subpart, a
   licensee's total population shall be calculated by summing the population of
   each license area that a licensee holds in the 2000-2020 MHz and 2180-2200
   MHz bands; and

   (2) An AWS-4 licensee shall provide terrestrial signal coverage and offer
   terrestrial service within seven (7) years from the date of the license to
   at least seventy (70) percent of the population in each of its license areas
   in  the  2000-2020  MHz and 2180-2200 MHz bands (“AWS-4 Final Buildout
   Requirement”).

   (3) If any AWS-4 licensee fails to establish that it meets the AWS-4 Interim
   Buildout  Requirement,  the  AWS-4 Final Buildout requirement shall be
   accelerated by one year from (seven to six years).

   (4) If any AWS-4 licensee fails to establish that it meets the AWS-4 Final
   Buildout Requirement in any of its license areas in the 2000-2020 MHz and
   2180-2200 MHz bands, its authorization for each license area in which it
   fails  to  meet  the requirement shall terminate automatically without
   Commission action. To the extent that the AWS-4 licensee also holds the 2
   GHz MSS rights for the affected license area, failure to meet the AWS-4
   Final Buildout Requirement in an EA shall also result in the MSS protection
   rule in § 27.1136 no longer applying in that license area.

   (5) To demonstrate compliance with these performance requirements, licensees
   shall  use the most recently available U.S. Census Data at the time of
   measurement and shall base their measurements of population served on areas
   no larger than the Census Tract level. The population within a specific
   Census Tract (or other acceptable identifier) will only be deemed served by
   the licensee if it provides signal coverage to and offers service within the
   specific Census Tract (or other acceptable identifier). To the extent the
   Census Tract (or other acceptable identifier) extends beyond the boundaries
   of a license area, a licensee with authorizations for such areas may only
   include  the  population  within the Census Tract (or other acceptable
   identifier)  towards  meeting the performance requirement of a single,
   individual license.

   (6)  Failure  by  any  AWS-4 licensee to meet the AWS-4 Final Buildout
   Requirement in paragraph (q)(4) of this section will result in forfeiture of
   the license and the licensee will be ineligible to regain it.

   (7)  Renewal  showing.  An  applicant for renewal of a geographic-area
   authorization in the 2000-2020 MHz and 2180-2200 MHz service bands must make
   a  renewal  showing, independent of its performance requirements, as a
   condition of renewal. The showing must include a detailed description of the
   applicant's  provision of service during the entire license period and
   address:

   (i) The level and quality of service provided by the applicant (including
   the population served, the area served, the number of subscribers, the
   services offered);

   (ii) The date service commenced, whether service was ever interrupted, and
   the duration of any interruption or outage;

   (iii) The extent to which service is provided to rural areas;

   (iv) The extent to which service is provided to qualifying tribal land as
   defined in § 1.2110(f)(3)(i) of this chapter; and

   (v) Any other factors associated with the level of service to the public.

   (r)  The  following  provisions  apply  to any licensee holding an AWS
   authorization in the 1915-1920 MHz and 1995-2000 MHz bands:

   (1) A licensee shall provide signal coverage and offer service within four
   (4)  years from the date of the initial license to at least forty (40)
   percent of the population in each of its licensed areas (“Interim Buildout
   Requirement”).

   (2) A licensee shall provide signal coverage and offer service within ten
   (10) years from the date of the initial license to at least seventy-five
   (75)  percent  of the population in each of its licensed areas (“Final
   Buildout Requirement”).

   (3) If a licensee fails to establish that it meets the Interim Buildout
   Requirement  for  a  particular licensed area, then the Final Buildout
   Requirement (in this paragraph (r)) and the license term (as set forth in
   § 27.13(j)) for each license area in which it fails to meet the Interim
   Buildout Requirement shall be accelerated by two years (from ten to eight
   years).

   (4)  If a licensee fails to establish that it meets the Final Buildout
   Requirement for a particular licensed area, its authorization for each
   license area in which it fails to meet the Final Buildout Requirement shall
   terminate automatically without Commission action and the licensee will be
   ineligible to regain it if the Commission makes the license available at a
   later date.

   (5) To demonstrate compliance with these performance requirements, licensees
   shall  use the most recently available U.S. Census Data at the time of
   measurement and shall base their measurements of population served on areas
   no larger than the Census Tract level. The population within a specific
   Census Tract (or other acceptable identifier) will only be deemed served by
   the licensee if it provides signal coverage to and offers service within the
   specific Census Tract (or other acceptable identifier). To the extent the
   Census Tract (or other acceptable identifier) extends beyond the boundaries
   of a license area, a licensee with authorizations for such areas may only
   include  the  population  within the Census Tract (or other acceptable
   identifier)  towards  meeting the performance requirement of a single,
   individual license.

   (6) An applicant for renewal of a license covered by this paragraph (r) must
   make a renewal showing, independent of its performance requirements, as a
   condition of renewal. The showing must include a detailed description of the
   applicant's  provision of service during the entire license period and
   address:

   (i) The level and quality of service provided by the applicant (including
   the population served, the area served, the number of subscribers, the
   services offered);

   (ii) The date service commenced, whether service was ever interrupted, and
   the duration of any interruption or outage;

   (iii) The extent to which service is provided to rural areas;

   (iv) The extent to which service is provided to qualifying tribal land as
   defined in § 1.2110(f)(3)(i) of this chapter; and

   (v) Any other factors associated with the level of service to the public.

   (s)  The  following  provisions  apply  to any licensee holding an AWS
   authorization in the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands:

   (1) A licensee shall provide reliable signal coverage and offer service
   within six (6) years from the date of the initial license to at least forty
   (40) percent of the population in each of its licensed areas (“Interim
   Buildout Requirement”).

   (2) A licensee shall provide reliable signal coverage and offer service
   within twelve (12) years from the date of the initial license to at least
   seventy-five (75) percent of the population in each of its licensed areas
   (“Final Buildout Requirement”).

   (3) If a licensee fails to establish that it meets the Interim Buildout
   Requirement  for  a  particular licensed area, then the Final Buildout
   Requirement (in this paragraph (s)) and the AWS license term (as set forth
   in § 27.13(k)) for each license area in which it fails to meet the Interim
   Buildout Requirement shall be accelerated by two (2) years (from twelve (12)
   to ten (10) years).

   (4)  If a licensee fails to establish that it meets the Final Buildout
   Requirement for a particular licensed area, its authorization for each
   license area in which it fails to meet the Final Buildout Requirement shall
   terminate automatically without Commission action and the licensee will be
   ineligible to regain it if the Commission makes the license available at a
   later date.

   (5) To demonstrate compliance with these performance requirements, licensees
   shall  use the most recently available U.S. Census Data at the time of
   measurement and shall base their measurements of population served on areas
   no larger than the Census Tract level. The population within a specific
   Census Tract (or other acceptable identifier) will be deemed served by the
   licensee only if it provides signal coverage to and offers service within
   the specific Census Tract (or other acceptable identifier). To the extent
   the  Census  Tract (or other acceptable identifier) extends beyond the
   boundaries of a license area, a licensee with authorizations for such areas
   may include only the population within the Census Tract (or other acceptable
   identifier)  towards  meeting the performance requirement of a single,
   individual license. For the Gulf of Mexico license area, the licensee shall
   demonstrate compliance with these performance requirements, using off-shore
   platforms, including production, manifold, compression, pumping and valving
   platforms as a proxy for population in the Gulf of Mexico.

   (6) An applicant for renewal of a license covered by paragraph (s) of this
   section  must  make  a renewal showing, independent of its performance
   requirements, as a condition of each renewal. The showing must include a
   detailed description of the applicant's provision of service during the
   entire license period and address:

   (i) The level and quality of service provided by the applicant (including
   the population served, the area served, the number of subscribers, the
   services offered);

   (ii) The date service commenced, whether service was ever interrupted, and
   the duration of any interruption or outage;

   (iii) The extent to which service is provided to rural areas;

   (iv) The extent to which service is provided to qualifying tribal land as
   defined in § 1.2110(f)(3)(i) of this chapter; and

   (v) Any other factors associated with the level of service to the public.

   (t) The following provisions apply to any licensee holding an authorization
   in the 600 MHz band:

   (1) A licensee shall provide reliable signal coverage and offer service
   within six (6) years from the date of the initial license to at least forty
   (40)  percent of the population in each of its license areas (“Interim
   Buildout Requirement”).

   (2) A licensee shall provide reliable signal coverage and offer service
   within twelve (12) years from the date of the initial license to at least
   seventy-five (75) percent of the population in each of its license areas
   (“Final Buildout Requirement”).

   (3) If a licensee fails to establish that it meets the Interim Buildout
   Requirement  for  a  particular licensed area, then the Final Buildout
   Requirement (in this paragraph (t)) and the license term (as set forth in
   § 27.13(l)) for each license area in which it fails to meet the Interim
   Buildout Requirement shall be accelerated by two (2) years (from twelve (12)
   to ten (10) years).

   (4)  If a licensee fails to establish that it meets the Final Buildout
   Requirement  for a particular license area, its authorization for each
   license area in which it fails to meet the Final Buildout Requirement shall
   terminate automatically without Commission action, and the licensee will be
   ineligible to regain it if the Commission makes the license available at a
   later date.

   (5) To demonstrate compliance with these performance requirements, licensees
   shall use the most recently available decennial U.S. Census Data at the time
   of measurement and shall base their measurements of population served on
   areas  no  larger than the Census Tract level. The population within a
   specific Census Tract (or other acceptable identifier) will be deemed served
   by the licensee only if it provides reliable signal coverage to and offers
   service within the specific Census Tract (or other acceptable identifier).
   To the extent the Census Tract (or other acceptable identifier) extends
   beyond the boundaries of a license area, a licensee with authorizations for
   such areas may include only the population within the Census Tract (or other
   acceptable identifier) towards meeting the performance requirement of a
   single,  individual  license. For the Gulf of Mexico license area, the
   licensee shall demonstrate compliance with these performance requirements,
   using off-shore platforms, including production, manifold, compression,
   pumping and valving platforms as a proxy for population in the Gulf of
   Mexico.

   (6) An applicant for renewal of a license covered by this paragraph (t) must
   make a renewal showing, independent of its performance requirements, as a
   condition of each renewal. The showing must include a detailed description
   of the applicant's provision of service during the entire license period and
   address:

   (i) The level and quality of service provided by the applicant (including
   the population served, the area served, the number of subscribers, the
   services offered);

   (ii) The date service commenced, whether service was ever interrupted, and
   the duration of any interruption or outage;

   (iii) The extent to which service is provided to rural areas;

   (iv) The extent to which service is provided to qualifying tribal land as
   defined in § 1.2110(f)(3)(i) of this chapter; and

   (v) Any other factors associated with the level of service to the public.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  65 FR 3146 , Jan. 20, 2000;  69 FR 5715 , Feb. 6, 2004;  71 FR 35189 , June 19, 2006;  72 FR 27709 , May 16, 2007;
    72 FR 48846 , Aug. 24, 2007;  72 FR 67578 , Nov. 29, 2007;  73 FR 26038 , May 8,
   2008;  74 FR 8878 , Feb. 27, 2009;  75 FR 33731 , June 15, 2010;  75 FR 45069 ,
   Aug. 2, 2010;  78 FR 8268 , Jan. 5, 2013;  78 FR 9620 , Feb. 11, 2013;  78 FR 50254 , Aug. 16, 2013;  79 FR 597 , Jan. 6, 2014;  79 FR 32411 , June 4, 2014;  79 FR 48536 , Aug. 15, 2014]

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