§  87.215   Supplemental eligibility.

   (a) A unicom and any associated dispatch or control points must be
   located on the airport to be served.

   (b) Only one unicom will be authorized to operate at an airport which
   does not have a control tower, RCO or FAA flight service station. At an
   airport which has a part-time or full-time control tower, RCO or FAA
   flight service station, the one unicom limitation does not apply and
   the airport operator and all aviation services organizations may be
   licensed to operate a unicom on the assigned frequency.

   (c) At an airport where only one unicom may be licensed, eligibility
   for new unicom licenses is restricted to State or local government
   entities, and to nongovernmental organizations (NGOs) that are
   authorized to apply for the license by a State or local government
   entity whose primary mission is the provision of public safety
   services. All applications submitted by NGOs must be accompanied by a
   new, written certification of support (for the NGO applicant to operate
   the applied for station) by the state or local government entity.
   Applications for a unicom license at the same airport, where only one
   unicom may be licensed, that are filed by two or more applicants
   meeting these eligibility criteria must be resolved through settlement
   or technical amendment.

   (d) At an airport where only one unicom may be licensed, the license
   may be assigned or transferred only to an entity meeting the
   requirements of paragraph (c) of this section.

   (e) An applicant for renewal of a unicom license shall be granted a
   presumptive renewal expectancy regardless of whether the applicant is
   eligible for a new unicom license under paragraph (c) of this section.
   Unless the renewal expectancy is defeated, applications that are
   mutually exclusive with the renewal application will not be accepted.
   The renewal expectancy may be defeated only upon a determination,
   following a hearing duly designated on the basis of a petition to deny
   or on the Commission's own motion, that the renewal applicant has not
   provided substantial service. For purposes of this paragraph,
   substantial service means service which is sound, favorable, and
   substantially above a level of mediocre service during the applicant's
   past license term. If the renewal expectancy is defeated, the renewal
   application will be dismissed unless the renewal applicant is eligible
   for a new unicom license pursuant to paragraph (c) of this section.

   (f) At an airport where only one unicom may be licensed, when the
   Commission believes that the unicom has been abandoned or has ceased
   operation, another unicom may be licensed on an interim basis pending
   final determination of the status of the original unicom. An applicant
   for an interim license must notify the present licensee and must comply
   with the notice requirements of paragraph (d) of this section.

   (g) An applicant for a unicom license, renewal or modification of
   frequency assignment at an airport which does not have a control tower,
   RCO or FAA flight service station must notify in writing the owner of
   the airport and all aviation service organizations located at the
   airport. The notice must include the applicant's name and address, the
   name of the airport and a statement that the applicant intends to file
   an application with the Commission for a unicom. The notice must be
   given within the ten days preceding the filing of the application with
   the Commission. Each applicant must certify upon application that
   either notice has been given and include the date of notification, or
   notice is not required because the applicant owns the airport and there
   are no organizations that should be notified.

   [ 53 FR 28940 , Aug. 1, 1988, as amended at  55 FR 30464 , July 26, 1990;
    63 FR 68957 , Dec. 14, 1998;  69 FR 32885 , June 14, 2004]