[Code of Federal Regulations]
[Title 47, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR27.12]

[Page 369]
 
                       TITLE 47--TELECOMMUNICATION
 
                    CHAPTER I--FEDERAL COMMUNICATIONS
                         COMMISSION (CONTINUED)
 
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES--Table of Contents
 
                  Subpart B--Applications and Licenses
 
Sec. 27.12  Eligibility.

    (a) Except as provided in Sec. 27.604, any entity other than those 
precluded by section 310 of the Communications Act of 1934, as amended, 
47 U.S.C. 310, is eligible to hold a license under this part.
    (b) Band Manager licenses. For the 1392-1395 MHz, 1670-1675 MHz, and 
2385-2390 MHz bands and the paired 1392-1395 MHz and 1432-1435 MHz 
bands, applicants applying for an initial license may elect to operate 
as a Band Manager, subject to the rules governing Guard Band Managers 
under subpart G of part 27, provided however, that the following rules 
do not apply to Band Managers:
    (1) The prohibition in Secs. 27.601(a) and (b) against employing a 
cellular system architecture;
    (2) The requirement in Sec. 27.601(d)(1) to notify Public Safety 
frequency coordinators;
    (3) The requirement in Sec. 27.603(c) to lease the predominant 
amount of its spectrum to non-affiliates;
    (4) The prohibition in Sec. 27.604 against a single applicant 
becoming the winning bidder of both blocks A and B in a single 
geographic service area; and
    (5) The requirement in Sec. 27.605 that any entity that acquires a 
portion of a Guard Band Manager's spectrum or geographic area through 
partitioning or disaggregation must also act as a band manager.

[67 FR 41854, June 20, 2002]