Sec. 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 
Secs. 24.101 and 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]