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

   1. (1) The applicant is qualified under all applicable laws and Commission regulations, policies and decisions;
   2. (2) There are frequencies available to provide satisfactory service; and
   3. (3) The public interest, convenience or necessity would be served by a grant.

2. (b) Alien ownership. A broadband PCS authorization to provide Commercial Mobile Radio Service may not be granted to or held by:

   1. (1) Any alien or the representative of any alien.
   2. (2) Any corporation organized under the laws of any foreign government.
   3. (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. (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.
3. (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]