Goto Section: 101.303 | 101.307 | Table of Contents
FCC 101.305
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 101.305 Discontinuance, reduction or impairment of service.
(a) If the public communication service provided by a station in the
Common Carrier Radio Services, the Local Multipoint Distribution
Service or 24 GHz Service is involuntarily discontinued, reduced or
impaired for a period exceeding 48 hours, the station licensee must
promptly notify the Commission. 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 Commission.
(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 license is terminated; except that station licenses in the
Local Multipoint Distribution Service and 24 GHz Service are not
terminated if the discontinuance is a result of a change of status by
the licensee from common carrier to non-common carrier pursuant to
§ 1.929 of this chapter.
(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 notify the Commission within 7 days thereof. In the event of
permanent discontinuance of service, the station license is
automatically terminated; except that station licenses in the Local
Multipoint Distribution Service and 24 GHz Service are not terminated
if the discontinuance is a result of a change of status by the licensee
from non-common carrier to common carrier pursuant to § 1.929 of this
chapter.
(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) Cancel the station license (or licenses); or
(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;
63 FR 68983 , Dec. 14, 1998; 65 FR 59359 , Oct. 5, 2000]
Goto Section: 101.303 | 101.307
Goto Year: 2010 |
2012
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