§  27.14   Construction requirements.

   (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, Block D in the 2345-2350 MHz band, in the
   3450-3550 MHz band, and in the 3700-3980 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)-(f) [Reserved]

   (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), (t), (v), and
   (w) 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) 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. With respect to EBS
   licenses issued after October 25, 2019, the licensee must comply with
   paragraph (u) of this section. “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), (2), or (3) of
   this section. If a licensee has not met the requirements of paragraph
   (o)(1), (2), or (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 (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 license initially issued prior to October 25, 2019 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 contained
   in the edition of 47 CFR parts 20 through 39, revised as of October 1,
   2017.

   (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.

   (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.

   (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.

   (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.

   (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.

   (u) This section enumerates performance requirements for EBS licenses
   initially issued after October 25, 2019. Licensees 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.

   (1) All EBS licenses initially issued after October 25, 2019, must
   demonstrate compliance with the performance requirements described in
   this paragraph (u). All equipment used to demonstrate compliance must
   be in use and actually providing service, either for internal use or to
   unaffiliated customers, as of the interim deadline or final deadline,
   whichever is applicable.

   (2) Except for licensees with licenses applied for in the Tribal
   Priority Window, licensees providing mobile or point-to-multipoint
   service must demonstrate reliable signal coverage of 50% of the
   population of the geographic service area within four years of initial
   license grant, and 80% of the population of the geographic service area
   within eight years of initial license grant.

   (3) Except for licensees with licenses applied for in the Tribal
   Priority Window, licensees providing fixed point-to-point service must
   demonstrate operation of one link for each 50,000 persons in the
   geographic service area within four years of initial license grant, and
   one link for each 25,000 persons in the geographic service area within
   eight years of initial license grant.

   (4) Licensees with licenses applied for in the Tribal Priority Window
   must make an interim showing under paragraph (u)(2) or (3) of this
   section within two years of initial license grant. Licensees with
   licenses applied for in the Tribal Priority Window must make a final
   showing under paragraph (u)(2) or (3) of this section within five years
   of initial license grant.

   (5) If an EBS licensee (other than the licensee of a license issued
   pursuant to the Tribal Priority Window) fails to meet interim
   performance requirements described in paragraph (u)(2) or (3) of this
   section, the deadline for that authorization to meet its final
   performance requirement will be advanced by two years. If an EBS
   licensee of a license issued pursuant to the Tribal Priority Window
   fails to meet interim performance requirements described in paragraph
   (u)(2) or (3) of this section, the deadline for that authorization to
   meet its final performance requirement will be advanced by one year. If
   an EBS licensee fails to meet its final performance requirement, its
   license shall automatically terminate without specific Commission
   action.

   (v) The following provisions apply to any licensee holding an
   authorization in the 3700-3980 MHz band:

   (1) Licensees relying on mobile or point-to-multipoint service shall
   provide reliable signal coverage and offer service within eight (8)
   years from the date of the initial license to at least forty-five (45)
   percent of the population in each of its license areas (“First Buildout
   Requirement”). Licensee shall provide reliable signal coverage and
   offer service within twelve (12) years from the date of the initial
   license to at least eighty (80) percent of the population in each of
   its license areas (“Second Buildout Requirement”). Licensees relying on
   point-to-point service shall demonstrate within eight years of the
   license issue date that they have four links operating and providing
   service to customers or for internal use if the population within the
   license area is equal to or less than 268,000 and, if the population is
   greater than 268,000, that they have at least one link in operation and
   providing service to customers, or for internal use, per every 67,000
   persons within a license area (“First Buildout Requirement”). Licensees
   relying on point-to-point service shall demonstrate within 12 years of
   the license issue date that they have eight links operating and
   providing service to customers or for internal use if the population
   within the license area is equal to or less than 268,000 and, if the
   population within the license area is greater than 268,000, shall
   demonstrate they are providing service and have at least two links in
   operation per every 67,000 persons within a license area (“Second
   Buildout Requirement”).

   (2) In the alternative, a licensee offering Internet of Things-type
   services shall provide geographic area coverage within eight (8) years
   from the date of the initial license to thirty-five (35) percent of the
   license (“First Buildout Requirement”). A licensee offering Internet of
   Things-type services shall provide geographic area coverage within
   twelve (12) years from the date of the initial license to sixty-five
   (65) percent of the license (“Second Buildout Requirement”).

   (3) If a licensee fails to establish that it meets the First Buildout
   Requirement for a particular license area, the licensee's Second
   Buildout Requirement deadline and license term will be reduced by two
   years. If a licensee fails to establish that it meets the Second
   Buildout Requirement for a particular license area, its authorization
   for each license area in which it fails to meet the Second 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.

   (4) 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 or geographic area served on areas no larger than the Census
   Tract level. The population or area 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 or geographic area within
   the Census Tract (or other acceptable identifier) towards meeting the
   performance requirement of a single, individual license. If a licensee
   does not provide reliable signal coverage to an entire license area,
   the license must provide a map that accurately depicts 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 licensed area 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.

   (w) The following provisions apply to any licensee holding an
   authorization in the 3450-3550 MHz band:

   (1) Performance requirements. Licensees in the 3.45 GHz Service must
   meet the following benchmarks, based on the type of service they
   provide.

   (i) Mobile/point-to-multipoint service. Licensees relying on mobile or
   point-to-multipoint service shall provide reliable signal coverage and
   offer service within four (4) years from the date of the initial
   license to at least forty-five (45) percent of the population in each
   of its license areas (“First Performance Benchmark”). Licensees shall
   provide reliable signal coverage and offer service within eight (8)
   years from the date of the initial license to at least eighty (80)
   percent of the population in each of its license areas (“Second
   Performance Benchmark”).

   (ii) Point-to-point service. Licensees relying on point-to-point
   service shall demonstrate within four (4) years of the license issue
   date that, if the population within the license area is equal to or
   less than 268,000, they have four links operating and either provide
   service to customers or for internal use. If the population is greater
   than 268,000, they shall demonstrate they have at least one link in
   operation and either provide service to customers or for internal use
   per every 67,000 persons within a license area (“First Performance
   Benchmark”). Licensees shall demonstrate within eight (8) years of the
   license issue date that, if the population within license area is equal
   to or less than 268,000, they have eight links operating and either
   provide service to customers or for internal use. If the population
   within the license area is greater than 268,000, they shall demonstrate
   they have at least two links in operation and either provide service to
   customers or for internal use per every 67,000 persons within a license
   area (“Second Performance Benchmark”).

   (iii) Internet of Things service. Licensees offering Internet of
   Things-type services shall provide geographic area coverage within four
   (4) years from the date of the initial license to thirty-five (35)
   percent of the license (“First Performance Benchmark”). Licensees shall
   provide geographic area coverage within eight (8) years from the date
   of the initial license to sixty-five (65) percent of the license
   (“Second Performance Benchmark”).

   (2) Failure to meet performance requirements. If a licensee fails to
   establish that it meets the First Performance Benchmark for a
   particular license area in paragraph (w)(1) of this section, the
   licensee's Second Performance Benchmark deadline and license term in
   paragraph (w)(1) of this section will be reduced by one year. If a
   licensee fails to establish that it meets the Second Performance
   Benchmark for a particular license area, its authorization for each
   license area in which it fails to meet the Second Performance Benchmark
   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.

   (3) Compliance procedures. To demonstrate compliance with the
   performance requirements in paragraph (w)(1) of this section, licensees
   shall use the most recently available decennial U.S. Census Data at the
   time of measurement and shall base their measurements of population or
   geographic area served on areas no larger than the Census Tract level.
   The population or area 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 or geographic area within the
   Census Tract (or other acceptable identifier) towards meeting the
   performance requirement of a single, individual license. If a licensee
   does not provide reliable signal coverage to an entire license area,
   the license must provide a map that accurately depicts 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 licensed area 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.

   [ 62 FR 9658 , Mar. 3, 1997]

   Editorial Note: For Federal Register citations affecting § 27.14, see
   the List of CFR Sections Affected, which appears in the Finding Aids
   section of the printed volume and at www.govinfo.gov.