Sec. 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.
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