§  1.2102   Eligibility of applications for competitive bidding.

   (a) Mutually exclusive initial applications are subject to competitive
   bidding.

   (b) The following types of license applications are not subject to
   competitive bidding procedures:

   (1) Public safety radio services, including private internal radio
   services used by state and local governments and non-government
   entities and including emergency road services provided by
   not-for-profit organizations, that

   (i) Are used to protect the safety of life, health, or property; and

   (ii) Are not commercially available to the public;

   (2) Initial licenses or construction permits for digital television
   service given to existing terrestrial broadcast licensees to replace
   their analog television service licenses; or

   (3) Noncommercial educational and public broadcast stations described
   under 47 U.S.C. 397(6).

   (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
   § 90.173); and

   (12) Private Operational Fixed Services ( see 47 CFR part 94).

   Note to § 1.2102: To determine the rules that apply to competitive
   bidding, specific service rules should also be consulted.

   [ 59 FR 44293 , Aug. 26, 1994, as amended at  60 FR 40718 , Aug. 9, 1995;
    62 FR 23163 , Apr. 29, 1997;  63 FR 10780 , Mar. 5, 1998]