§  30.104   Performance requirements.

   (a) Upper Microwave Flexible Use Service licensees must make a buildout
   showing as part of their renewal applications. Licensees relying on
   mobile or point-to-multipoint service must show that they are providing
   reliable signal coverage and service to at least 40 percent of the
   population within the service area of the licensee, and that they are
   using facilities to provide service in that area either to customers or
   for internal use. Licensees relying on point-to-point service must
   demonstrate that they have four links operating and providing service,
   either to customers or for internal use, if the population within the
   license area is equal to or less than 268,000. If the population within
   the license area is greater than 268,000, a licensee relying on
   point-to-point service must demonstrate it has at least one link in
   operation and is providing service for each 67,000 population within
   the license area. In order to be eligible to be counted under the
   point-to-point buildout standard, a point-to-point link must operate
   with a transmit power greater than +43 dBm.

   (b) In the alternative, a licensee may make its buildout showing on the
   basis of geographic area coverage. To satisfy the requirements of using
   this metric, licensees relying on mobile or point-to-multipoint service
   must show that they are providing reliable signal coverage and service
   to at least 25% of the geographic area of the license. The geographic
   area of the license shall be determined by the total land area of the
   county or counties covered by the license. Licensees relying on fixed
   point-to-point links or other, low-power point-to-point connections
   must show that they have deployed at least one transmitter or receiver
   in at least 25% of the census tracts within the license area. All
   equipment relied upon in the showing, whatever type of service or
   connection it provides, must be operational and providing service,
   either to customers or for internal use, as of the date of the filing.

   (c) Showings that rely on a combination of multiple types of service
   will be evaluated on a case-by-case basis. Licensees may not combine
   population-based showings with geographic area-based showings.

   (d) If a licensee in this service is also a Fixed-Satellite Service
   licensee and uses the spectrum covered under its UMFUS license in
   connection with a satellite earth station, it can demonstrate
   compliance with the requirements of this section by demonstrating that
   the earth station in question is in service, operational, and using the
   spectrum associated with the license. This provision can only be used
   to demonstrate compliance for the county in which the earth station is
   located.

   (e) Failure to meet this requirement will result in automatic
   cancellation of the license. In bands licensed on a Partial Economic
   Area basis, licensees will have the option of partitioning a license on
   a county basis in order to reduce the population or land area within
   the license area to a level where the licensee's buildout would meet
   one of the applicable performance metrics.

   (f) Existing 24 GHz, 28 GHz and 39 GHz licensees shall be required to
   make a showing pursuant to this section by June 1, 2024.

   [ 81 FR 79937 , Nov. 14, 2016, as amended at  83 FR 65 , Jan. 2, 2018;  83 FR 34492 , July 20, 2018]