Sec.  101.529   Renewal expectancy criteria for 24 GHz licenses.

   (a) A renewal applicant involved in a renewal proceeding shall receive a
   preference, commonly referred to as a renewal expectancy, that is the most
   important  factor  to  be  considered in the proceeding as long as the
   applicant's past record for the relevant license period demonstrates that:

   (1) The renewal applicant has provided “substantial service” pursuant to
    Sec. 101.527; and

   (2) The renewal applicant has 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 licensee in
   the 24 GHz service involved in a renewal proceeding must submit a showing
   explaining why it should receive a renewal expectancy. At a minimum, this
   showing must include:

   (1) A description of how the licensee has complied with the “substantial
   service” requirement; and

   (2) Copies of all FCC orders finding the licensee to have violated the
   Communications Act or any FCC rule or policy; and a list of any pending
   proceedings that relate to any matter described in this paragraph (b)(2).

   (c) In making its showing of entitlement to a renewal expectancy, a renewal
   applicant may claim credit for any system modification applications that
   were pending on the date it filed its renewal application. Such credit will
   not be allowed if the modification application is dismissed or denied.

   [ 65 FR 59361 , Oct. 5, 2000]