§ 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.

   return arrow Back to Top