§  90.713   Entry criteria.

   (a) As set forth in §  90.717, four 5-channel blocks are available for
   nationwide, commercial use to non-Government, Phase I applicants.
   Applicants for these nationwide channel blocks must comply with
   paragraphs (b), (c), and (d) of this section.

   (b)(1) An applicant must include certification that, within ten years
   of receiving a license, it will construct a minimum of one base station
   in at least 70 different geographic areas designated in the
   application; that base stations will be located in a minimum of 28 of
   the 100 urban areas listed in §  90.741; and that each base station will
   have all five assigned nationwide channels constructed and placed in
   operation (regularly interacting with mobile and/or portable units).

   (2) An applicant must include certification that it will meet the
   construction requirements set forth in §  90.725.

   (3) An applicant must include a ten-year schedule detailing plans for
   construction of the proposed system.

   (4) An applicant must include an itemized estimate of the cost of
   constructing 40 percent of the system and operating the system during
   the first four years of the license term.

   (5) An applicant must include proof that the applicant has sufficient
   financial resources to construct 40 percent of the system and operate
   the proposed land mobile system for the first four years of the license
   term; i.e., that the applicant has net current assets sufficient to
   cover estimated costs or a firm financial commitment sufficient to
   cover estimated costs.

   (c) An applicant relying on personal or internal resources for the
   showing required in paragraph (b) of this section must submit
   independently audited financial statements certified within one year of
   the date of the application showing net current assets sufficient to
   meet estimated construction and operating costs. An applicant must also
   submit an unaudited balance sheet, current within 60 days of the date
   of submission, that clearly shows the continued availability of
   sufficient net current assets to construct and operate the proposed
   system, and a certification by the applicant or an officer of the
   applicant organization attesting to the validity of the balance sheet.

   (d) An applicant submitting evidence of a firm financial commitment for
   the showing required in paragraph (b) of this section must obtain the
   commitment from a bona fide commercially acceptable source, e.g., a
   state or federally chartered bank or savings and loan institution,
   other recognized financial institution, the financial arm of a capital
   equipment supplier, or an investment banking house. If the lender is
   not a state or federally chartered bank or savings and loan
   institution, other recognized financial institution, the financial arm
   of a capital equipment supplier, or an investment banking house, the
   lender must also demonstrate that it has funds available to cover the
   total commitments it has made. The lender's commitment shall contain a
   statement that the lender:

   (1) Has examined the financial condition of the applicant including an
   audited financial statement, and has determined that the applicant is
   creditworthy;

   (2) Has examined the financial viability of the proposed system for
   which the applicant intends to use the commitment; and

   (3) Is willing, if the applicant is seeking a Phase I, commercial
   nationwide license, to provide a sum to the applicant sufficient to
   cover the realistic and prudent estimated costs of construction of 40
   percent of the system and operation of the system for the first four
   years of the license term.

   (e) A Phase II applicant for authorization in a geographic area for
   Channels 166 through 170 in the public safety/mutual aid category may
   not have any interest in another pending application in the same
   geographic area for Channels 166 through 170 in the public
   safety/mutual aid category, and a Phase II applicant for authorization
   in a geographic area for channels in the emergency medical category may
   not have any interest in another pending application in the same
   geographic area for channels in the emergency medical category.

   [ 62 FR 15994 , Apr. 3, 1997, as amended at  62 FR 18935 , Apr. 17, 1997]

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