Sec. 101.305  Discontinuance, reduction or impairment of service.

    (a) If the public communication service provided by a station in the 
Common Carrier Radio Services and the Local Multipoint Distribution 
Service is involuntarily discontinued, reduced or impaired for a period 
exceeding 48 hours, the station licensee must promptly notify the 
Commission, in writing, at Federal Communications Commission, Common 
Carrier Radio Services, 1270 Fairfield Road, Gettysburg, Pennsylvania 
17325. In every such case, the licensee must furnish full particulars as 
to the reasons for such discontinuance, reduction or impairment of 
service, including a statement as to when normal service is expected to 
be resumed. When normal service is resumed, prompt notification thereof 
must be given in writing to the Federal Communications Commission, 
Common Carrier Radio Services, 1270 Fairfield Road, Gettysburg, 
Pennsylvania, 17325.
    (b) No station licensee subject to title II of the Communications 
Act of 1934, as amended, may voluntarily discontinue, reduce or impair 
public communication service to a community or part of a community 
without obtaining prior authorization from the Commission pursuant to 
the procedures set forth in part 63 of this chapter. In the event that 
permanent discontinuance of service is authorized by the Commission, the 
station licensee must promptly send the station license to the Federal 
Communications Commission, Common Carrier Radio Services, 1270 Fairfield 
Road, Gettysburg, Pennsylvania 17325 for cancellation; except that 
station licensees in the Local

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Multipoint Distribution Service need not surrender the license for 
cancellation if the discontinuance is a result of a change of status by 
the licensee from common carrier to non-common carrier pursuant to 
Sec. 101.61.
    (c) Any licensee not subject to title II of the Communications Act 
of 1934, as amended, who voluntarily discontinues, reduces or impairs 
public communication service to a community or a part of a community 
must give written notification to the Commission within 7 days thereof. 
In the event of permanent discontinuance of service, the station 
licensee must promptly send the station license to the Federal 
Communications Commission, Common Carrier Radio Services, 1270 Fairfield 
Road, Gettysburg, Pennsylvania 17325 for cancellation; except that 
station licensees in the Local Multipoint Distribution Service need not 
surrender the license for cancellation if the discontinuance is a result 
of a change of status by the licensee from non-common carrier to common 
carrier pursuant to Sec. 101.61.
    (d) If any common carrier radio frequency should not be used to 
render any service as authorized during a consecutive period of twelve 
months at any time after construction is completed under circumstances 
that do not fall within the provisions of paragraph (a), (b), or (c) of 
this section, or, if removal of equipment or facilities has rendered the 
station not operational, the licensee must, within thirty days of the 
end of such period of nonuse:
    (1) Submit for cancellation the station license (or licenses) to the 
Federal Communications Commission, Common Carrier Radio Services, 1270 
Fairfield Road, Gettysburg, Pennsylvania 17325 for cancellation;
    (2) File an application for modification of the license (or 
licenses) to delete the unused frequency (or frequencies); or
    (3) Request waiver of this rule and demonstrate either that the 
frequency will be used (as evidenced by appropriate requests for 
service, etc.) within six months of the end of the initial period of 
nonuse, or that the frequency will be converted to allow rendition of 
other authorized public services within one year of the end of the 
initial period of nonuse by the filing of appropriate applications 
within six months of the end of the period of nonuse.
[ 61 FR 26677 , May 28, 1996, as amended at  62 FR 23168 , Apr. 29, 1997]