§  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) [Reserved]

   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;  79 FR 48528 ,
   Aug. 15, 2014]