§  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 § 1.949 of this chapter. 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 10 years,
   and therefore must meet these requirements 10 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, as amended at  70 FR 61062 , Oct. 20, 2005]