§ 101.17   Performance requirements for the 38.6-40.0 GHz frequency band.

   (a) All 38.6-40.0 GHz band licensees must demonstrate substantial
   service at the time of license renewal. A licensee's substantial
   service showing should include, but not be limited to, the following
   information for each channel for which they hold a license, in each EA
   or portion of an EA covered by their license, in order to qualify for
   renewal of that license. The information provided will be judged by the
   Commission to determine whether the licensee is providing service which
   rises to the level of “substantial.”

   (1) A description of the 38.6-40.0 GHz band licensee's current service
   in terms of geographic coverage;

   (2) A description of the 38.6-40.0 GHz band licensee's current service
   in terms of population served, as well as any additional service
   provided during the license term;

   (3) A description of the 38.6-40.0 GHz band licensee's investments in
   its system(s) (type of facilities constructed and their operational
   status is required);

   (b) Any 38.6-40.0 GHz band licensees adjudged not to be providing
   substantial service will not have their licenses renewed.

   [ 65 FR 38327 , June 20, 2000]

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