P-Construction Permit. MP-Modified CP. MP/L-Modified CP and License. MP/ML-Modified CP and Modified License. AP-Assignment of Permit. ML-Modified License. AL-Assignment of License. P/L-Combination CP and License. R-Renewed License. TC-Transfer of Control. § 1.953 How applications are processed. (a) Applications are processed in sequence according to date of filing. Applications which are in accordance with the provisions of this chapter and established policies of the Commission may be processed to completion in accordance with the applicable delegations of authority as set forth in Part 0 of this chapter; (b) Applications are presented to the Commission in cases where: (1) Applicant requests reconsideration of action taken by the staff under such delegations of authority; (2) Requests are made for waiver of, or exception to, a rule for a period in excess of 180 days, but not including certain categories of requests for waivers in excess of 180 days pertaining to ship stations covered by § 0.331(b) (13) of this chapter; (c) Assignments proposed in accordance with the railroad industry radio frequency allotment plan along the United States-Canada borders utilized by the Federal Communications Commission and the Department of Transport, respectively, may be excepted from this arrangement at the discretion of the referring agency. (d) Assignments proposed in any radio service in frequency bands below 470 Mc/s appropriate to this arrangement, other than those for stations in the Domestic Public (land mobile or fixed) category, may be excepted from this arrangement at the discretion of the referring agency if a base station assignment has been made previously under the terms of this arrangement or prior to its adoption in the same radio service and on the same frequency and in the local area, and provided the basic characteristics of the additional station are sufficiently similar technically to the original assignment to preclude harmful interference to existing stations across the border. (e) For bands below 470 Mc/s, the areas which are involved lie between Lines A and B and between Lines C and D, which are described as follows: Line A-Begins at Aberdeen, Wash., running by great circle arc to the intersection of 48° N., 120° W., thence along parallel 48° N., to the intersection of 95° W., thence by great circle arc through the southernmost point of Duluth, Minn., thence by great circle arc to 45° N., 85° W., thence southward along meridian 85° W., to its intersection with parallel 41° N., thence along parallel 41° N., to its intersection with meridian 82° W., thence by great circle arc through the southernmost point of Bangor, Maine, thence by great circle arc through the southernmost point of Searsport, Maine, at which point it terminates; and Line B-Begins at Tofino, B.C., running by great circle arc to the intersection of 50° N., 125° W., thence along parallel 50° N., to the intersection of 90° W., thence by great circle arc to the intersection of 45° N., 79° 30' W., thence by great circle arc through the northernmost point of Drummondville, Quebec (lat: 45°52' N., long: 72°30′ W.), thence by great circle arc to 48°30' N., 70° W., thence by great circle arc through the northernmost point of Campbellton, N.B., thence by great circle arc through the northernmost point of Liverpool, N.S., at which point it terminates. Line C-Begins at the intersection of 70° N., 144° W., thence by great circle arc to the intersection of 60° N., 143° W., thence by great circle arc so as to include all of the Alaskan Panhandle; and Line D-Begins at the intersection of 70° N., 138° W., thence by great circle arc to the intersection of 61°20′ N., 139° W. (Burwash Landing), thence by great circle arc to the intersection of 60°45′ N., 135° W., thence by great circle arc to the intersection of 56° N., 128° W., thence south along 128° meridian to Lat. 55° N., thence by great circle arc to the intersection of 54° N., 130° W., thence by great circle arc to Port Clements, thence to the Pacific Ocean where it ends. (f) For all stations using bands between 470 Mc/s and 1000 Mc/s; and for any station of a terrestrial service using a band above 1000 Mc/s, the areas which are involved are as follows: (1) For a station the antenna of which looks within the 200° sector toward the Canada-United States borders, that area in each country within 35 miles of the borders: (2) For a station the antenna of which looks within the 160° sector away from the Canada-United States borders, that area in each country within 5 miles of the borders; and (3) The area in either country within coordination distance as described in Recommendation 1A of the Final Acts of the EARC, Geneva, 1963 of a receiving earth station in the other country which uses the same band. (g) For bands above 1000, coordination of an earth station is required if any portion of the Canada-United States borders lies within the coordination disstance as described in Recommendation 1A of the Final Acts of the EARC, Geneva, 1963 of the earth station. [35 F.R. 6752, Apr. 29, 1970] § 1.956 Rented communications equip ment. (a) Applications for authorization in the Safety and Special Radio Services which indicate that the equipment therefor will be obtained pursuant to leasemaintenance arrangements with the American Telephone and Telegraph Company or its subsidiaries will not be granted. (b) For the purposes of this section, subsidiaries of A. T. & T. include the following: Bell Telephone Co. of Nevada New England Telephone and Telegraph Co. Southern Bell Telephone and Telepgraph Co. The Bell Telephone Co. of Pennsylvania The Chesapeake and Potomac Telephone Co. of Virginia The Chesapeake and Potornac Telephone Co. of West Virginia The Cincinnati and Suburban Bell Telephone Co. The Diamond State Telephone Co. The Mountain States Telephone and Telegraph Co. The Ohio Bell Telephone Co. The Pacific Telephone and Telegraph Co. NOTE: Pending final action in Docket No. 12722, the terms of this section are not intended to encompass in a negative or affirmative manner, applications involving telephone company lease-maintenance arrangements which have been found or may be found, by any jurisdiction, to be "the furnishing of common carrier communications services" and/or if the charges therefor are or may become "subject to public regulation." See Pars. 24 and 25, First Report and Order, Docket No. 12722. § 1.958 Defective applications. (a) Applications which are incomplete with respect to completeness of answers, supplementary statements, execution, or other matters of a formal character shall be deemed to be defective and may be returned to the applicant with a brief statement as to such defects. (b) Applications will also be deemed to be defective and may be returned to the applicant in the following cases: (1) Statutory disqualification of applicant, e. g., aliens under section 310 of the Communications Act; (2) Proposed use or purpose of station would be unlawful; (3) Requested frequency is not allocated for assignment for the service proposed (c) Applications which are not in accordance with the provisions of this chapter or other requirements of the Commission will be considered defective and may be dismissed unless accompanied either by (1) a petition to amend any rule or regulation with which the application is in conflict, or (2) a request of the applicant for waiver of, or exception to, any rule, regulation, or requirement with which the application is in conflict. Such request shall show the nature of the waiver or exception desired and set forth the reasons in support thereof. Applications may be dismissed, if the accompanying petition for waiver or amendment of rules does not set forth reasons which, sufficient if true, would justify a waiver or change of the rules. (d) If an applicant is requested by the Commission to file any additional documents or information not included in the prescribed application form, failure to comply with such request will be deemed to render the application defective, and such application may be dismissed. (Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308) § 1.961 Dismissal of applications, (a) Any application may, upon written request signed by the applicant or his attorney, be dismissed without prejudice as a matter of right prior to the designation of such application for hearing. (b) Failure to prosecute an application, or failure to respond to official correspondence or request for additional information, will be cause for dismissal. Such dismissal will be without prejudice where an application has not yet been designated for hearing; such dismissal may be with prejudice after an application has been designated for hearing. (c) Requests to dismiss an application without prejudice after it has been designated for hearing will be considered only upon written petition properly served upon all parties of record and will be granted only for good cause shown. Such petition must be accompanied by a written and signed statement of a person with knowledge of the facts as to whether or not consideration has been promised to or received by petitioner, directly or indirectly, in connection with the filing of such petition for dismissal of the application. § 1.962 Public notice of acceptance for filing; petitions to deny applications of specified categories. (a) Except as qualified in paragraph (b) of this section, the provisions of this section shall apply to all applications for authorizations, and substantial amendments thereof, for the categories of this stations and services listed in paragraph which are filed with the Commission on or after December 12, 1960. and to such applications which were filed prior to December 12. 1960. but are amended substantially on or after that date. (1) Fixed point-to-point stations using frequencies above 890 Mc/s (exclusive of control, relay, and repeater stations used as integral parts of mobile radio systems). (b) The provisions of this section are not applicable to applications for the type of authorizations listed in this paragraph. (1) A minor change in the facilities of an authorized station or a minor amendment of an application on file. (2) Consent to an involuntary assignment or transfer under section 310(b) of the Communications Act or to a voluntary assignment or transfer thereunder which does not involve a substantial change in ownership or control. (3) A license under section 319 (c) of the Communications Act or, pending application for or grant of such license, any special or temporary authorization to permit interim operation to facilitate completion of authorized construction or to provide substantially the same service as would be authorized by such licensee. (4) Extension of time to complete construction of authorized facilities. (5) A special temporary authorization not to exceed 30 days where the applicant does not contemplate the filing of an application for regular operation, or not to exceed 60 days pending or after the filing of an application for regular operation. (6) An authorization under any of the proviso clauses of section 308(a) of the Communications Act. (c) For the purposes of this section, a substantial amendment of an application on file and applications for a substantial change in the facilities of an authorized station shall be: (1) Any addition or change in frequency (except deletion of a frequency); (2) Any change in antenna azimuth: (3) Any change in antenna beam width; (4) Any change in antenna location greater than 5 seconds; (5) Any change in antenna location of less than 5 seconds but also involving a requirement for special aeronautical study: (6) Any change in emission; (7) Any increase in antenna height; (8) Any increase in authorized power in excess of a 2 to 1 ratio; (9) Any increase in emission bandwidth. (d) All amendments of an application on file and all changes requested in the facilities of an authorized station other than those amendments and modifications listed in paragraph (c) of this section shall be considered minor. (e) The Commission will issue at regular intervals a "Public Notice" listing all applications subject to this section which have been accepted for filing. Such "Public Notice" will re-list any application which has been amended substantially since its previous listing. For the purposes of this section, “accepted for filing" means that an application has been received at the Commission. Such acceptance for filing shall not preclude the subsequent dismissal of an application, pursuant to the provisions of this chapter, as being defective. (f) No application subject to the provisions of this section, as originally filed or substantially amended, will be granted by the Commission prior to the thirtyfirst day following the issuance of public notice of the acceptance for filing of such application or of any substantial amendment thereof: Provided, however, That the Commission, notwithstanding the requirements of this paragraph, may, if the grant of such application is otherwise authorized by law and if it finds that there are extraordinary circumstances requiring emergency operations in the public interest and that delay in institution of such emergency operations would seriously prejudice the public interest, grant a temporary authorization, accompanied by a statement of its reasons therefor, to permit such emergency operation for a period not exceeding 90 days, and upon making like findings may extend such temporary authorization for one additional period not to exceed 90 days. A peti (g) Any party in interest may file with the Commission a petition to deny any application, whether as filed originally or as subsequently amended, subject to the provisions of this section, at any time prior to the day the Commission grants such application or formally designates such application for hearing. tioner shall serve a copy of such petition on the applicant. A petition shall contain specific allegations of fact sufficient to show that the petitioner is a party in interest and that a grant of the application would be prima facie inconsistent with the public interest, convenience, and necessity. Such allegations of fact except for those of which official notice may be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof. (h) The applicant may file an opposition to any petition to deny and the petitioner may file a reply thereto (see § 1.45) in which allegations of fact or denials thereof, except for those of which official notice may be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof. The applicant shall serve a copy of his opposition on the petitioner, and the petitioner shall serve a copy of his reply on the applicant. (Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309) [28 F.R. 12454, Nov. 22, 1963, as amended at 29 F.R. 7822, June 19, 1964; 30 F.R. 4479, Apr. 7, 1965] ACTION ON APPLICATIONS AUTHORITY: §§ 1.971 and 1.973 issued under sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309. § 1.971 Grants without a hearing. (a) The Commission will grant without a hearing an application for a station authorization if it is proper upon its face and if the Commission finds from an examination of such application and supporting data, any pleading filed, or other matters which it may officially notice, that: (1) There are no substantial and material questions of fact; (2) The applicant is legally, technically, financially, and otherwise qualified; (3) A grant of the application would not involve modification, revocation, or non-renewal of any existing license or outstanding construction permit; (4) A grant of the application would not preclude the grant of any mutually exclusive application; and (5) A grant of the application would serve the public interest, convenience, and necessity. (b) If a petition to deny an application has been filed pursuant to § 1.962 and the Commission grants such application pursuant to paragraph (a) of this section, the Commission will deny the petition and issue a concise statement of the reason for such denial and disposing of all substantial issues raised by the petition. |