136. As explained above, today we are proposing that AWS-3 licensees meet four and ten-year performance obligations. We seek comment on whether the public interest would be served by awarding AWS-3 licensees renewal expectancies where they have (1) maintained at least the level of service required at the four year performance benchmark over the next six years while increasing service levels towards compliance with the end-of-term benchmark, (2) met the final (ten year) benchmark, and (3) otherwise complied with the Communications Act and the Commission's rules and policies during their license term. We also seek comment on whether AWS-3 licensees should obtain a renewal expectancy at the end of subsequent license terms, if they continue to provide at least the level of service required at the ten year performance benchmark through the end of any subsequent license terms. Commenters should discuss and quantify the costs and benefits of this approach.
137. Finally, consistent with the AWS-4 Report and Order, the 700 MHz First Report and Order and the H Block R&O, we propose to prohibit the filing of mutually exclusive renewal applications, and that if a license is not renewed, the associated spectrum would be returned to the Commission and subsequently made available for assignment. We seek comment on these proposals, including on the associated costs and benefits.
138. Permanent Discontinuance of Operations: We also request comment on the Commission's rules governing the permanent discontinuance of operations, which are intended to afford licensees operational flexibility to use their spectrum efficiently while ensuring that spectrum does not lie idle for extended periods. Under
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