Goto Section: 27.1203 | 27.1205 | Table of Contents
Revised as of January 16, 2020
Goto Year:2019 |
§ 27.1204 EBS Tribal priority filing window.
(a) The Commission will specify by public notice a window filing period
for applications for new EBS stations on rural Tribal Lands. EBS
applications for new facilities will be accepted only during this
window. Applications submitted prior to the window opening date
identified in the public notice will be returned as premature.
Applications submitted after the deadline will be dismissed with
prejudice as untimely.
(b) Applicants in the Tribal priority filing window must demonstrate
that they are eligible to file in that window. To be considered
eligible for the Tribal priority window, an applicant must be:
(1) A federally recognized American Indian Tribe or Alaska Native
Village; or an entity that is owned and controlled by a
federally-recognized Tribe or a consortium of federally-recognized
(2) Requesting a license on Tribal Land, which is defined to be any
federally recognized Indian Tribe's reservation, pueblo or colony,
including former reservations in Oklahoma, Alaska Native regions
established pursuant to the Alaska Native Claims Settlement Act (85
Stat. 688) and Indian Allotments, see § 54.400(e) of this chapter, as
well as Hawaiian Home Lands—areas held in trust for native Hawaiians by
the State of Hawaii, pursuant to the Hawaiian Homes Commission Act,
1920, July 9, 1921, 42 Stat 108, et seq., as amended; and any lands
designated prior to July 10, 2019, as Tribal Lands pursuant to the
designation process contained in § 54.412 of this chapter;
(3) Requesting a GSA in a rural area, which is defined to be lands that
are not part of an urbanized area or urban cluster area with a
population equal to or greater than 50,000; and
(4) Have a local presence on the Tribal Land for which they are
(c) Following the close of the Tribal priority window, the Commission
will issue a public notice of acceptance for filing of applications
submitted pursuant to paragraph (b) of this section that meet technical
and legal requirements and that are not in conflict with any other
application filed during the window. Petitions to deny such
applications may be filed within 30 days of such public notice. A copy
of any petition to deny must be served on the applicant.
(d) If applications are filed in the Tribal priority window that are
mutually exclusive, the Commission will use competitive bidding to
resolve the mutual exclusivity. Two or more pending applications are
mutually exclusive if the grant of one application would effectively
preclude the grant of one or more of the others under Commission rules
in this chapter.
(e) For non-mutually exclusive applications, the applications will be
processed in accordance with procedures to be specified by the Wireless
[ 84 FR 57365 , Oct. 25, 2019, as amended at 85 FR 1284 , Jan. 10, 2020]
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Goto Section: 27.1203 | 27.1205
Goto Year: 2019 |
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