§  101.701   Eligibility.

   (a) Authorizations for stations in this service will be issued to
   existing and proposed common carriers. Applications will be granted
   only in cases in which it is shown that:

   (1) The applicant is legally, technically, financially and otherwise
   qualified to render the proposed service;

   (2) There are frequencies available to enable the applicant to render a
   satisfactory service; and

   (3) The public interest, convenience, and necessity would be served by
   a grant thereof.

   (b) If the content is originated, selected, controlled, or otherwise
   substantively influenced by the applicant, licensee, or a closely
   affiliated entity, no station or radio frequency in this service will
   be authorized, or may be utilized, to transmit any closed circuit
   television signals or television signals other than broadcast
   television signals, unless:

   (1) Such service is otherwise permitted for a specific length of time
   by grant of an acceptable petition for waiver of this rule; or

   (2) Such service is otherwise permitted by a condition in the
   applicable instrument of authorization; or

   (3) Such service is provided pursuant to applicable FCC tariff and is
   temporary and occasional intra-company television communication for
   management, network supervision, or other internal carrier functions.
   For purposes of this paragraph, an entity will be considered to be
   “closely affiliated” with an applicant if it is in a parent-subsidiary
   relationship, or both are commonly controlled, or they have any common
   officers or management employees.

   (c) Applications for stations or frequencies that will be used
   primarily to relay broadcast television signals must include a
   certification that at least fifty percent of the customers (or points
   of service) on the microwave system involved, including those served
   through an interconnecting carrier(s), receiving applicant's service,
   will not be related or affiliated in any degree with the applicant, and
   that the proposed usage by such customers, in terms of hours of use and
   channels delivered, must constitute at least fifty percent of the usage
   of the applicant's microwave service. Applications that do not contain
   these certifications will be returned as unacceptable for filing.

   [ 61 FR 26677 , May 28, 1996, as amended at  63 FR 68983 , Dec. 14, 1998]