47 C.F.R. Subpart I—Interim Application, Licensing, and Processing Rules for Broadband PCS
Title 47 - Telecommunication
Source: 59 FR 37610, July 22, 1994, unless otherwise noted.
Title 47: Telecommunication
PART 24—PERSONAL COMMUNICATIONS SERVICES
Subpart I—Interim Application, Licensing, and Processing Rules for Broadband PCS
§§ 24.801-24.803 [Reserved]
§ 24.804 Eligibility.
(a) General. Authorizations will be granted upon proper application if:
(1) The applicant is qualified under all applicable laws and Commission regulations, policies and decisions;
(2) There are frequencies available to provide satisfactory service; and
(3) The public interest, convenience or necessity would be served by a grant.
(b) Alien ownership. A broadband PCS authorization to provide Commercial Mobile Radio Service may not be granted to or held by:
(1) Any alien or the representative of any alien.
(2) Any corporation organized under the laws of any foreign government.
(3) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or any corporation organized under the laws of another country.
(4) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such a license.
(c) A broadband PCS authorization to provide Private Mobile Radio Service may not be granted to or held by a foreign government or a representative thereof.
[59 FR 37610, July 22, 1994, as amended at 61 FR 55581, Oct. 28, 1996]
§§ 24.805-24.814 [Reserved]
§ 24.815 Technical content of applications; maintenance of list of station locations.
(a) All applications required by this part shall contain all technical information required by the application forms or associated Public Notice(s). Applications other than initial applications for a broadband PCS license must also comply with all technical requirements of the rules governing the broadband PC (see subparts C and E of this part as appropriate). The following paragraphs describe a number of general technical requirements.
(b) Each application (except applications for initial licenses filed on Form 175) for a license for broadband PCS must comply with the provisions of §§24.229–24.238 of the Commission's Rules.
(c)–(i) [Reserved]
(j) The location of the transmitting antenna shall be considered to be the station location. Broadband PCS licensees must maintain a current list of all station locations, which must describe the transmitting antenna site by its geographical coordinates and also by conventional reference to street number, landmark, or the equivalent. All such coordinates shall be specified in terms of degrees, minutes, and seconds to the nearest second of latitude and longitude.
§§ 24.816-24.829 [Reserved]
§ 24.830 Opposition to applications.
(a) Petitions to deny (including petitions for other forms of relief) and responsive pleadings for Commission consideration must comply with §1.2108 of this chapter and must:
(1) Identify the application or applications (including applicant's name, station location, Commission file numbers and radio service involved) with which it is concerned;
(2) Be filed in accordance with the pleading limitations, filing periods, and other applicable provisions of §§1.41 through 1.52 of this chapter except where otherwise provided in §1.2108 of this chapter;
(3) Contain specific allegations of fact which, except for facts of which official notice may be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof, and which shall be sufficient to demonstrate that the petitioner (or respondent) is a party in interest and that a grant of, or other Commission action regarding, the application would be prima facie inconsistent with the public interest;
(4) Be filed within thirty (30) days after the date of public notice announcing the acceptance for filing of any such application or major amendment thereto (unless the Commission otherwise extends the filing deadline); and
(5) Contain a certificate of service showing that it has been mailed to the applicant no later than the date of filing thereof with the Commission.
(b) A petition to deny a major amendment to a previously-filed application may only raise matters directly related to the amendment which could not have been raised in connection with the underlying previously-filed application. This subsection does not apply, however, to petitioners who gain standing because of the major amendment.
§ 24.831 Mutually exclusive applications.
(a) The Commission will consider applications for broadband PCS licenses to be mutually exclusive if they relate to the same geographical boundaries (MTA or BTA) and are timely filed for the same frequency block.
(b) Mutually exclusive applications filed on Form 175 for the initial provision of broadband PCS are subject to competitive bidding in accordance with the procedures in subpart H of this part and in part 1, subpart Q of this chapter.
(c) An application will be entitled to comparative consideration with one or more conflicting applications only if the Commission determines that such comparative consideration will serve the public interest.
(d)–(j) [Reserved]
§ 24.832 [Reserved]
§ 24.833 Post-auction divestitures.
Any parties sharing a common non-controlling ownership interest who aggregate more PCS spectrum among them than a single entity is entitled to hold (See §§20.6(e), 24.710, 24.204, 24.229(c) of this chapter) will be permitted to divest sufficient properties within 90 days of the license grant to come into compliance with the spectrum aggregation limits as follows:
(a) The broadband PCS applicant shall submit a signed statement with its long-form application stating that sufficient properties will be divested within 90 days of the license grant. If the licensee is otherwise qualified, the Commission will grant the applications subject to a condition that the licensee come into compliance with the PCS spectrum aggregation limits within 90 days of grant.
(b) Within 90 days of license grant, the licensee must certify that the applicant and all parties to the application have come into compliance with the PCS spectrum aggregation limits. If the licensee fails to submit the certification within 90 days, the Commission will immediately cancel all broadband PCS licenses won by the applicant, impose the default penalty and, based on the facts presented, take any other action it may deem appropriate. Divestiture may be to an interim trustee if a buyer has not been secured in the required time frame, as long as the applicant has no interest in or control of the trustee, and the trustee may dispose of the property as it sees fit. In no event may the trustee retain the property for longer than six months from grant of license.
[59 FR 53371, Oct. 24, 1994]
§§ 24.834-24.838 [Reserved]
§ 24.839 Transfer of control or assignment of license.
(a) Restrictions on Assignments and Transfers of Licenses for Frequency Blocks C and F won in closed bidding. No assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of §24.709 will be granted unless:
(1) The application for assignment or transfer of control is filed after five years from the date of the initial license grant; or
(2) The proposed assignee or transferee meets the eligibility criteria set forth in §24.709 of this part at the time the application for assignment or transfer of control is filed, or the proposed assignee or transferee holds other license(s) for frequency blocks C and F and, at the time of receipt of such license(s), met the eligibility criteria set forth in §24.709 of this part; or
(3) The application is for partial assignment of a partitioned service area to a rural telephone company pursuant to §24.714 of this part and the proposed assignee meets the eligibility criteria set forth in §24.709 of this part; or
(4) The application is for an involuntary assignment or transfer of control to a bankruptcy trustee appointed under involuntary bankruptcy, an independent receiver appointed by a court of competent jurisdiction in a foreclosure action, or, in the event of death or disability, to a person or entity legally qualified to succeed the deceased or disabled person under the laws of the place having jurisdiction over the estate involved; provided that, the applicant requests a waiver pursuant to this paragraph; or
(5) The assignment or transfer of control is pro forma; or
(6) The application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to §24.203(c) that its five-year construction requirement has been satisfied.
(b) If the assignment or transfer of control of a license is approved, the assignee or transferee is subject to the original construction requirement of §24.203 of this part.
[63 FR 68953, Dec. 14, 1998; as amended at 65 FR 53638, Sept. 5, 2000]
