2. License Term, Performance Requirements, Renewal Criteria, Permanent Discontinuance of Operations
124. License Term: We propose to establish a 10-year term for licenses for the AWS-3 band. The Communications Act does not specify a term limit for AWS band licenses. The Commission has adopted 10-year license terms for most wireless radio services licenses. To maintain this consistency among wireless services, in the H Block R&O and the AWS-4 Service Rules R&O, the Commission adopted 10-year license terms. We continue to believe that a 10-year license term is appropriate, and consequently propose, a 10-year license term for the AWS-3 spectrum. We seek comment on this proposal, including any costs and benefits of the proposal. In addition, we invite commenters to submit alternate proposals for the appropriate license term, which should similarly include a discussion on the costs and benefits.
125. Under our license term proposal, if a license in these bands is partitioned or disaggregated, any partitionee or disaggregatee would be authorized to hold its license for the remainder of the partitioner's or disaggregator's original license term. This approach is similar to the partitioning provisions the Commission adopted for BRS, for broadband PCS, for the 700 MHz band, and for AWS-1 licenses at 1710-1755 MHz and 2110-2155 MHz, and AWS-4. We emphasize that nothing in our proposal is intended to enable a licensee, by partitioning or disaggregating the license, to confer greater rights than it was awarded under the terms of its license grant. Similarly, nothing in our proposal is intended to enable any partitionee or disaggregatee to obtain rights in excess of those previously possessed by the underlying licensee. We seek comment on these proposals, including the cost and benefits thereof.
126. Performance Requirements: The Commission establishes performance requirements to promote the efficient deployment of wireless services, including to rural areas, and to ensure that spectrum is used. Over the years, the Commission has applied different performance and construction requirements to different spectrum bands based on considerations relevant to those bands. For example, within four (4) years, an AWS-4 licensee must provide reliable terrestrial signal coverage and offer terrestrial service to at least forty (40) percent of its total AWS-4 population. Within seven (7) years, an AWS-4 licensee must provide reliable terrestrial signal coverage and offer terrestrial service to at least seventy (70) percent of the population in each of its license areas. Similarly, for licensees operating in the 2.3 GHz Wireless Communications Services (WCS) band, the Commission adopted performance requirements that included population-based construction requirements (40 percent of the license area's population within four (4) years and 75 percent within six-and-a-half (6.5) years) and reporting requirements. More recently, in the H Block R&O, the Commission required licensees within four (4) years to provide reliable signal coverage and offer service to at least forty (40) percent of the population in each of its license areas and within ten (10) years, provide reliable signal coverage and offer service to at least seventy-five (75) percent of the population in each of its license areas.
127. We continue to believe that performance requirements play a critical role in ensuring that licensed spectrum does not lie fallow, and now propose to establish the following performance requirements. We seek comment on the following buildout requirements for the AWS-3 band:
Most Popular Stories
- NSA Defends Global Cellphone Tracking Legality
- Top Websites for U.S. Hispanics
- Networks Vie for U.S. Hispanic TV Viewers
- Ad Counts Rise in 2013 for Hispanic Magazines
- Apple Wants Samsung to Pay $22M for Patent Dispute Legal Bills
- Starbucks Gets Grinchy; No Gingerbread Lattes for Tampa Customers
- Jobs Report Brings Cheer As Unemployment Drops to Five-year Low
- Apple Paid Its Lawyers More Than $60MM to Defeat Samsung in Court
- Economic Bright Spots Not a Sure Boost for President Obama
- US Consumer Borrowing Rose $18.2B in Oct.