§ 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.

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