§  24.404   Eligibility.

   (a) General . Authorizations will be granted upon proper application
   if:

   (1) The applicant is qualified under the applicable laws and the
   regulations, policies and decisions issued under the laws, including
   § 24.12;

   (2) There are frequencies available to provide satisfactory service;
   and

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

   (b) Alien ownership. A narrowband PCS authorization to provide
   Commercial Mobile Radio Service may not be granted to or held by:

   (1) Any alien or the representative of any alien.

   (2) Any corporation organized under the laws of any foreign government.

   (3) Any corporation of which more than one-fifth of the capital stock
   is owned of record or voted by aliens or their representatives or by a
   foreign government or representative thereof or any corporation
   organized under the laws of a foreign country.

   (4) Any corporation directly or indirectly controlled by any other
   corporation of which more than one-fourth of the capital stock is owned
   or voted by aliens, their representatives, or by a foreign government
   or representative thereof, or by any corporation organized under the
   laws of a foreign country, if the Commission finds that the public
   interest will be served by the refusal or revocation of such license. A
   Narrowband PCS authorization to provide Private Mobile Radio Service
   may not be granted to or held by a foreign government or a
   representative thereof.

   [ 59 FR 26749 , May 24, 1994, as amended at  61 FR 55581 , Oct. 28, 1996;
    65 FR 35855 , June 6, 2000]