§ 22.939   Site availability requirements for applications competing with
cellular renewal applications.

   In addition to the other requirements set forth in this part for initial
   cellular applications, any application competing against a cellular renewal
   application must contain, when initially filed, appropriate documentation
   demonstrating that its proposed antenna site(s) will be available. Competing
   applications that do not include such documentation will be dismissed. If
   the  competing applicant does not own a particular site, it must, at a
   minimum demonstrate that the site is available to it by providing a letter
   from the owner of the proposed antenna site expressing the owner's intent to
   sell or lease the proposed site to the applicant. If any proposed antenna
   site is under U.S. Government control, the applicant must submit written
   confirmation of the site's availability from the appropriate Government
   agency. Applicants which file competing applications against incumbent
   cellular  licensees  may  not rely on the assumption that an incumbent
   licensee's antenna sites are available for their use.

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