§ 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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