101.1413—License term and renewal expectancy.
(b)
Application of a renewal expectancy is based on a showing of substantial service at the end of five years into the license period and ten years into the license period. The substantial service requirement is defined as a service that is sound, favorable, and substantially above a level of mediocre service which might minimally warrant renewal. At the end of five years into the license term and ten years into the license period, the Commission will consider factors such as:
(1)
Whether the licensee's operations service niche markets or focus on serving populations outside of areas serviced by other MVDDS licensees;
(2)
Whether the licensee's operations serve populations with limited access to telecommunications services; and
(3)
A demonstration of service to a significant portion of the population or land area of the licensed area.
(c)
The renewal application of an MVDDS licensee must include the following showings in order to claim a renewal expectancy:
(2)
A corresponding description of current service in terms of geographic coverage and population served or transmitter locations in the served areas; and
(3)
Copies of any Commission Orders finding the licensee to have violated the Communications Act or any Commission rule or policy and a list of any pending proceedings that relate to any matter described by the requirements for the renewal expectancy.