§  24.804   Eligibility.

   (a) General. Authorizations will be granted upon proper application if:

   (1) The applicant is qualified under all applicable laws and Commission
   regulations, policies and decisions;

   (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 broadband 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 another country.

   (4) Any corporation directly or indirectly controlled by any other
   corporation of which more than one-fourth of the capital stock is owned
   of record 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 a
   license.

   (c) A broadband 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 37610 , July 22, 1994, as amended at  61 FR 55581 , Oct. 28, 1996]