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  Sec. 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;  65 FR 35855 , June 6, 2000]