Sec. 90.743  Renewal expectancy.

    (a) All licensees seeking renewal of their authorizations at the end 
of their license term must file a renewal application in accordance with 
the provisions of Sec. 90.149. Licensees must demonstrate, in their 
application, that:
    (1) They have provided ``substantial'' service during their past 
license term. ``Substantial'' service is defined in this rule as service 
that is sound, favorable, and substantially above a level of mediocre 
service that just might minimally warrant renewal; and
    (2) They have substantially complied with applicable FCC rules, 
policies, and the Communications Act of 1934, as amended.

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    (b) In order to establish its right to a renewal expectancy, a 
renewal applicant 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) For an EA, Regional, or nationwide licensee, an explanation of 
its record of expansion, including a timetable of the construction of 
new stations to meet changes in demand for service;
    (3) A description of its investments in its system;
    (4) Copies of all FCC orders finding the licensee to have violated 
the Communications Act or any FCC rule or policy; and
    (5) A list of any pending proceedings that relate to any matter 
described in this paragraph.
    (c) Phase I non-nationwide licensees have license terms of 5 years, 
and therefore must meet these requirements 5 years from the date of 
initial authorization in order to receive a renewal expectancy. Phase I 
nationwide licensees and all Phase II licensees have license terms of 10 
years, and therefore must meet these requirements 10 years from the date 
of initial authorization in order to receive a renewal expectancy.
[ 62 FR 15997 , Apr. 3, 1997]