Sec. 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 
demonstration (including appropriate system diagrams and tables) 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 
demonstrations will be returned as unacceptable for filing.