Sec. 21.33  Grants by random selection.

    (a) If an application for an authorization for a Multichannel 
Multipoint Distribution Service (MMDS) station or for a Multipoint 
Distribution Service (MDS) H-channel station is mutually exclusive with 
another such application, and satisfies the requirements of Secs. 21.31 
and 21.914, the applicant may be included in the random selection 
process set forth in Secs. 1.821, 1.822 and 1.824 of this chapter.
    (b) Renewal applications shall not be included in a random selection 
process.
    (c) If Multipoint Distribution Service applicants enter into 
settlements, the applicants in the settlement must be represented by one 
application only and will not receive the cumulative

[[Page 36]]

number of chances in the random selection process that the individual 
applicants would have had if no settlement had been reached.
[ 58 FR 11798 , Mar. 1, 1993, as amended at  61 FR 26674 , May 28, 1996]