Sec.  22.939   Site availability requirements for applications competing with
cellular renewal applications.

   

   In addition to the other requirements set forth in this part for
   initial cellular applications, any application competing against a
   cellular renewal application must contain, when initially filed,
   appropriate documentation demonstrating that its proposed antenna
   site(s) will be available. Competing applications that do not include
   such documentation will be dismissed. If the competing applicant does
   not own a particular site, it must, at a minimum demonstrate that the
   site is available to it by providing a letter from the owner of the
   proposed antenna site expressing the owner's intent to sell or lease
   the proposed site to the applicant. If any proposed antenna site is
   under U.S. Government control, the applicant must submit written
   confirmation of the site's availability from the appropriate
   Government agency. Applicants which file competing applications
   against incumbent cellular licensees may not rely on the assumption
   that an incumbent licensee's antenna sites are available for their
   use.