Sec. 1.2102  Eligibility of applications for competitive bidding.

    (a) Mutually exclusive initial applications in the following 
services or classes of services are subject to competitive bidding:
    (1) Interactive Video Data Service (see 47 CFR part 95, subpart F). 
This paragraph does not apply to applications which were filed prior to 
July 26, 1993;
    (2) Marine Public Coast Stations (see 47 CFR part 80, subpart J);
    (3) Multipoint Distribution Service and Multichannel Multipoint 
Distribution Service (see 47 CFR part 21, subpart K). This paragraph 
does not apply to applications which were filed prior to July 26, 1993;
    (4) Exclusive Private Carrier Paging above 900 MHz (see 47 CFR part 
90, subpart P.)
    (5) Public Mobile Services (see 47 CFR part 22), except in the 800 
MHz Air-Ground Radiotelephone Service, and in the Rural Radio Service. 
This paragraph does not apply to applications in the cellular radio 
service, such as cellular unserved area applications, that were filed 
prior to July 26, 1993;
    (6) Specialized Mobile Radio Service (SMR) (see 47 CFR part 90, 
subpart S) including applications based on finder's preferences for 
frequencies allocated to the SMR service (see 47 CFR 90.173); and
    (7) Personal Communications Services (PCS) (see 47 CFR part 24).
    (8) General Wireless Communications Service (GWCS) (see part 26 of 
this chapter).
    (9) Local Multipoint Distribution Service (LMDS) (see 47 CFR part 
101).

    Note to paragraph (a): To determine the rules that apply to 
competitive bidding in the foregoing services, specific service rules 
should also be consulted.

    (b) The following types of license applications are not subject to 
competitive bidding procedures:
    (1) Applications for renewal of licenses;
    (2) Applications for modification of license; provided, however, 
that the Commission may determine that applications for modification 
that are mutually exclusive with other applications should be subject to 
competitive bidding;
    (3) Applications for subsidiary communications services. A 
``subsidiary communications service'' is a class of service where the 
signal for that service is indivisible from that of the main

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channel signal and that main channel signal is exempt from competitive 
bidding under other provisions of these rules. See, e.g., Sec. 1.2102(c) 
(exempting broadcast services). Examples of such subsidiary 
communications services are those transmitted on subcarriers within the 
FM baseband signal (see 47 CFR 73.295), and signals transmitted within 
the Vertical Blanking Interval of a broadcast television signal; and
    (4) Applications for frequencies used as an intermediate link or 
links in the provision of a continuous, end-to-end service where no 
service is provided directly to subscribers over the frequencies. 
Examples of such intermediate links are:
    (i) Point-to-point microwave facilities used to connect a cellular 
radio telephone base station with a cellular radio telephone mobile 
telephone switching office; and
    (ii) Point-to-point microwave facilities used as part of the service 
offering in the provision of telephone exchange or interexchange 
service.
    (c) Applications in the following services or classes of services 
are not subject to competitive bidding:
    (1) Alaska-Private Fixed Stations (see 47 CFR part 80, subpart O);
    (2) Broadcast radio (AM and FM) and broadcast television (VHF, UHF, 
LPTV) under 47 CFR part 73;
    (3) Broadcast Auxiliary and Cable Television Relay Services (see 47 
CFR part 74, subparts D, E, F, G, H and L and part 78, subpart B);
    (4) Instructional Television Fixed Service (see 47 CFR part 74, 
subpart I);
    (5) Maritime Support Stations (see 47 CFR part 80, subpart N);
    (6) Marine Operational Fixed Stations (see 47 CFR part 80, subpart 
L);
    (7) Marine Radiodetermination Stations (see 47 CFR part 80, subpart 
M);
    (8) Personal Radio Services (see 47 CFR part 95), except 
applications filed after July 26, 1993, in the Interactive Video Data 
Service (see 47 CFR part 95, subpart F);
    (9) Public Safety, Industrial/Land Transportation, General and 
Business Radio categories above 800 MHz, including finder's preference 
requests for frequencies not allocated to the SMR service (see 47 CFR 
90.173), and including, until further notice of the Commission, the 
Automated Vehicle Monitoring Service (see 47 CFR 90.239);
    (10) Private Land Mobile Radio Services between 470-512 MHz (see 47 
CFR part 90, subparts B-F), including those based on finder's 
preferences, (see 47 CFR 90.173);
    (11) Private Land Mobile Radio Services below 470 MHz (see 47 CFR 
part 90, subparts B-F) except in the 220 MHz band (see 47 CFR part 90, 
subpart T), including those based on finder's preferences (see 47 CFR 
Sec. 90.173); and
    (12) Private Operational Fixed Services (see 47 CFR part ).
[59 94 FR 44293 , Aug. 26, 1994, as amended at  60 FR 40718 , Aug. 9, 1995;  62 FR 23163 , Apr. 29, 1997]