[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR24.431]



[Page 248]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 24_PERSONAL COMMUNICATIONS SERVICES--Table of Contents

 

   Subpart G_Interim Application, Licensing and Processing Rules for 

                             Narrowband PCS

 

Sec. 24.431  Mutually exclusive applications.



    (a) The Commission will consider applications to be mutually 

exclusive if their conflicts are such that the grant of one application 

would effectively preclude by reason of harmful electrical interference, 

or other practical reason, the grant of one or more of the other 

applications. The Commission will presume ``harmful electrical 

interference'' to mean interference which would result in a material 

impairment to service rendered to the public despite full cooperation in 

good faith by all applicants or parties to achieve reasonable technical 

adjustments which would avoid electrical conflict.

    (b) Mutually exclusive applications filed on Form 175 for the 

initial provision of narrowband PCS service are subject to competitive 

bidding in accordance with the procedures in subpart F of this part and 

in 47 CFR part 1, subpart Q.

    (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.