47 CFR §1.2102

1. (a)Mutually exclusive initial applications are subject to competitive bidding.
2. (b)The following types of license applications are not subject to competitive bidding procedures:
   1. (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
      1. (i)Are used to protect the safety of life, health, or property; and
      2. (ii)Are not commercially available to the public;
   2. (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. (3)Noncommercial educational and public broadcast stations described under 47 U.S.C. 397(6).
3. (c)[Reserved]