Sec.  90.743   Renewal expectancy.

   (a) All licensees seeking renewal of their authorizations at the end of
   their license term must file a renewal application in accordance with the
   provisions of  Sec. 90.149. Licensees must demonstrate, in their application,
   that:

   (1) They have provided “substantial” service during their past license term.
   “Substantial” service is defined in this rule as service that is sound,
   favorable, and substantially above a level of mediocre service that just
   might minimally warrant renewal; and

   (2) They have substantially complied with applicable FCC rules, policies,
   and the Communications Act of 1934, as amended.

   (b) In order to establish its right to a renewal expectancy, a renewal
   applicant must submit a showing explaining why it should receive a renewal
   expectancy. At a minimum, this showing must include:

   (1) A description of its current service in terms of geographic coverage and
   population served;

   (2) For an EA, Regional, or nationwide licensee, an explanation of its
   record of expansion, including a timetable of the construction of new
   stations to meet changes in demand for service;

   (3) A description of its investments in its system;

   (4) Copies of all FCC orders finding the licensee to have violated the
   Communications Act or any FCC rule or policy; and

   (5) A list of any pending proceedings that relate to any matter described in
   this paragraph.

   (c) Phase I non-nationwide licensees have license terms of 5 years, and
   therefore must meet these requirements 5 years from the date of initial
   authorization in order to receive a renewal expectancy. Phase I nationwide
   licensees and all Phase II licensees have license terms of 10 years, and
   therefore must meet these requirements 10 years from the date of initial
   authorization in order to receive a renewal expectancy.

   [ 62 FR 15997 , Apr. 3, 1997]