Sec.  27.14   Construction requirements; Criteria for comparative renewal
proceedings.

   (a) AWS and WCS licensees must make a showing of “substantial service” in
   their license area within the prescribed license term set forth in  Sec. 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.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  65 FR 3146 , Jan. 20, 2000;  69 FR 5715 , Feb. 6, 2004]