Sec.  101.701   Eligibility.

   (a) Authorizations for stations in this service will be issued to existing
   and proposed common carriers. Applications will be granted only in cases in
   which it is shown that:

   (1)  The  applicant is legally, technically, financially and otherwise
   qualified to render the proposed service;

   (2) There are frequencies available to enable the applicant to render a
   satisfactory service; and

   (3) The public interest, convenience, and necessity would be served by a
   grant thereof.

   (b)  If  the content is originated, selected, controlled, or otherwise
   substantively influenced by the applicant, licensee, or a closely affiliated
   entity, no station or radio frequency in this service will be authorized, or
   may  be utilized, to transmit any closed circuit television signals or
   television signals other than broadcast television signals, unless:

   (1) Such service is otherwise permitted for a specific length of time by
   grant of an acceptable petition for waiver of this rule; or

   (2) Such service is otherwise permitted by a condition in the applicable
   instrument of authorization; or

   (3)  Such service is provided pursuant to applicable FCC tariff and is
   temporary  and  occasional  intra-company television communication for
   management, network supervision, or other internal carrier functions. For
   purposes of this paragraph, an entity will be considered to be “closely
   affiliated” with an applicant if it is in a parent-subsidiary relationship,
   or  both  are commonly controlled, or they have any common officers or
   management employees.

   (c) Applications for stations or frequencies that will be used primarily to
   relay broadcast television signals must include a certification that at
   least fifty percent of the customers (or points of service) on the microwave
   system  involved,  including  those  served through an interconnecting
   carrier(s), receiving applicant's service, will not be related or affiliated
   in  any degree with the applicant, and that the proposed usage by such
   customers, in terms of hours of use and channels delivered, must constitute
   at least fifty percent of the usage of the applicant's microwave service.
   Applications that do not contain these certifications will be returned as
   unacceptable for filing.

   [ 61 FR 26677 , May 28, 1996, as amended at  63 FR 68983 , Dec. 14, 1998]