§ 1.2102   Eligibility of applications for competitive bidding.

   (a) Mutually exclusive initial applications are subject to competitive
   bidding.

   (b)  The  following  types  of license applications are not subject to
   competitive bidding procedures:

   (1) Public safety radio services, including private internal radio services
   used  by  state  and local governments and non-government entities and
   including emergency road services provided by not-for-profit organizations,
   that

   (i) Are used to protect the safety of life, health, or property; and

   (ii) Are not commercially available to the public;

   (2) Initial licenses or construction permits for digital television service
   given to existing terrestrial broadcast licensees to replace their analog
   television service licenses; or

   (3) Noncommercial educational and public broadcast stations described under
   47 U.S.C. 397(6).

   (c) [Reserved]

   Note to § 1.2102: To determine the rules that apply to competitive bidding,
   specific service rules should also be consulted.

   [ 59 FR 44293 , Aug. 26, 1994, as amended at  60 FR 40718 , Aug. 9, 1995;  62 FR 23163 , Apr. 29, 1997;  63 FR 10780 , Mar. 5, 1998;  79 FR 48528 , Aug. 15, 2014]

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