101.1327—Renewal expectancy for EA licensees.
(a)
A renewal applicant shall receive a renewal expectancy at the end of the license period as long as the applicant:
(1)
Demonstrates that the licensee has provided continued “substantial service,” i.e., service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal, during its past license term;
(2)
Demonstrates that the licensee has substantially complied with applicable Commission Rules, policies, and the Communications Act of 1934, as amended;
(3)
Provides an explanation of the licensee's record of expansion, including a timetable of the construction of new facilities to meet changes in demand for services provided by the licensee; and (4) Provides a description of investments made by the licensee in its system.
(b)
In determining whether a renewal applicant has complied with the “substantial service” requirement by the end of the ten-year initial license term, the Commission may consider factors such as:
(1)
Whether the licensee is offering a specialized or technologically sophisticated service that does not require a high level of coverage to be of benefit to customers; and
(2)
Whether the licensee's operations service niche markets or focus on serving populations outside of areas served by other licensees. The “substantial service” requirement can, however, be met in other ways, and the Commission will review each licensee's showing on a case-by-case basis.
(c)
A “substantial service” assessment will be made at renewal pursuant to the procedures contained in § 1.949 of this chapter.
[65 FR 17450, Apr. 3, 2000]