correspondence between the permittee or licensee and the Commission pertaining to the reports after they have been filed and all documents incorporated herein by reference are open for public inspection at the offices of the Commission.

(c) Cross references.

(1) Applicability of cable television EEO reporting requirements to MDS and MMDS facilities, see § 21.920 of this chapter.

(2) Applicability of cable television EEO reporting requirements for FSS facilities, see § 25.601 of this chapter.

[35 FR 12894, Aug. 14, 1970, as amended at 36 FR 3119, Feb. 18, 1971; 58 FR 42249, Aug. 9, 1993]

GRANTS BY RANDOM SELECTION

$1.821 Scope.

Where action on applications is permitted by the Chief, Common Carrier Bureau, under delegated authority, the provisions of this section, including provisions incorporated by reference, shall apply to applications for permits and licenses in the following services: (a) Public Land Mobile Service, (b) Domestic Public Cellular Radio Telecommunications Service,

(c) Multichannel Multipoint Distribution Service (MMDS).

(d) Digital Electronic Message Service.

[50 FR 5991, Feb. 13, 1985, as amended at 50 FR 45614, Nov. 1, 1985]

§ 1.822 General selection procedures.

(a) Mutually exclusive applications for permits and licenses in the services specified in §1.821 may be designated for random selection according to the procedures established for each service. Following the random selection, the Commission shall determine whether the applicant is qualified to receive the permit or license. If, after reviewing the tentative selectee's application and pleadings properly filed against it, the Commission determines that a substantial and material question of fact exists, it shall designate the qualifying issue(s) for an expedited hearing.

(b) Expedited hearing procedures. (1) Hearings may be conducted by the Commission or an Administrative Law Judge. In the case of a question which

requires oral testimony for its resolution, the hearing will be conducted by an Administrative Law Judge.

(2) Parties have ten (10) days from publication in the FEDERAL REGISTER of the hearing designation order to file notices of appearance.

under

(3) When the Commission, §1.221, issues an order stating the time, place, and nature of the hearing, this order shall instruct the applicant to submit its direct case in writing within thirty (30) days from the order's release date, or as otherwise specified in the order. The direct written case must set forth all those facts and circumstances related to the issues in the designation order. Documentary evidence upon which the applicant relies must be attached. Each exhibit must be numbered and must be accompanied by an affidavit from someone who has personal knowledge of the facts in the submission and who attests to the truth of the submission.

an

(4) The order will also specify those petitioners that directly raised issue which was designated and will inform these parties of their opportunity to submit a written rebuttal case within twenty (20) days after the direct case is due. The procedures in paragraph (b)(3) of this section will apply as to documentary evidence, exhibits, and affidavits.

(5) Appeal of initial decisions rendered by an Administrative Law Judge shall lie with the Commission.

[48 FR 27201, June 13, 1983. Redesignated and amended at 50 FR 5991, Feb. 13, 1985]

§ 1.823 Random selection procedures for the Public Land Mobile and Domestic Public Cellular Radio Telecommunications Services.

(a) General Procedures. If there are mutually exclusive applications for an initial license, the Commission may use a random selection process. Each such random selection shall be conducted under the direction of the Chief of the Common Carrier Bureau. The designated Lottery Official shall select the winning applicant from among mutually exclusive applicants. The Lottery Official may select in rank order a number of additional applicants. The number of additional applicants selected will be determined by the Chief

of the Common Carrier Bureau and the Managing Director. No preferences shall be awarded to participants. Following the random selection, the Commission shall announce the tentative selectee and determine whether this applicant is qualified to receive the license. If the Commission determines that the tentative selectee is qualified, it shall grant the application.

(b) Petitions to Deny-(1) Public Land Mobile Service. Petitions to Deny and other pleadings may be filed against applications for authority in the Public Land Mobile Service but will not be reviewed prior to conducting the random selection. Petitions filed against the tentative selectee's application will be reviewed after the tentative selectee is announced. (See §22.30 for other requirements regarding Petitions Deny and responsive pleadings.)

to

(2) Cellular Radio Telecommunications Service. In the Cellular Service, Petitions to Deny may be filed only against the tentative selectee within 45 days of the Public Notice announcing such tentative selection. A consolidated reply may be filed within 30 days of the due date for Petitions to Deny. No additional pleadings will be accepted. If the tentative selectee is disqualified, or its application designated for hearing, the Commission will allow Petitions to Deny against the next-ranked tentative selectee.

(3) Cellular Radio Telecommunications Service Unserved Areas. In the Phase I licensing phase, petitions to deny must be filed within 30 days after the date of public notice announcing the tentative selectee. If the tentative selectee is qualified, the Commission will grant its application and dismiss the losing applications. If the tentative selectee's application cannot be granted, it will be either designated for hearing or dismissed. If the winning application is dismissed or ultimately denied, another lottery will be held to select an application from the remaining applications. In the Phase II licensing phase, petitions to deny must be filed within 30 days from the date of public notice accepting the application for filing.

(c) Petitions for Reconsideration-Motions to Stay or Applications for Review may be filed only at such time as

the Commission grants or denies the tentative selectee's application. The filing periods specified in the Rules shall apply for such pleadings.

[50 FR 5991, Feb. 13, 1985, as amended at 50 FR 51527, Dec. 18, 1985; 53 FR 52425, Dec. 28, 1988; 56 FR 58506, Nov. 20, 1991]

§ 1.824 Random selection procedures for Multichannel Multipoint Distribution Service and Multipoint Distribution Service H-Channel stations.

(a) If there are mutually exclusive applications for an initial conditional license or license, the Commission may use the random selection process to select the conditional licensee or licensee. Each such random selection shall be conducted under the direction of the Office of the Managing Director in conjunction with the Office of the Secretary. Following the random selection, the Commission shall announce the tentative selectee and determine whether the applicant is qualified to receive the conditional license or license. If the Commission determines that the tentative selectee is qualified, it shall grant the application. In the event that the tentative selectee's application is denied, a second random selection will be conducted. Petitions for Reconsideration, Motions to Stay or Applications for Review may be submitted at the time the Commission grants or denies the application of the tentative selectee. The filing periods specified in the rules shall apply for such pleadings.

(b) Competing applications for conditional licenses and licenses shall be designated for random selection in accordance with §§1.1621, 1.1622 (a), (b), (c), (d), and (e), and 1.1623. No preferences pursuant to §1.1622 (b)(2) or (b)(3) shall be granted to any MMDS or MDS H-channel applicant whose owners, when aggregated, have an ownership interest of more than 50 percent in the media of mass communication whose service areas, as set forth at §1.1622 (e)(1) through (e)(7), wholly encompass or are encompassed by the protected service area contour, computed in accordance with §21.902(d) of this chapter, for which the license or conditional license is sought.

(c) Petitions to Deny may be filed only against the tentative selectee. These petitions must be filed within 30 days of the Public Notice announcing such tentative selection. A consolidated reply may be filed within 15 days of the due date for Petitions to Deny. [50 FR 5992, Feb. 13, 1985, as amended at 56 FR 57815, Nov. 14, 1991]

$1.825 Random selection procedures for Digital Electronic Message Service.

(a) If there are mutually exclusive applications for an initial permit or license for a digital termination system, the Commission may use the random selection process to select the permittee or licensee. Each such random selection shall be conducted under the direction of the Office of Managing Director in conjunction with the Office of the Secretary. The random selection shall rank order the applications. No preferences shall be awarded to participants. Following the random selection, the Commission shall announce the rank order of the applications to determine whether the first ranked tentative selectee is qualified to recieve the permit or license. If the Commission determines that the tentative selectee is qualified, it shall grant the Commission application. The shall then determine which of the alternate applications in rank order, can also be granted and whether those alternate tentative selectees are qualified to receive the permit or license. If the Commission determines that the alternate tentative selectees are qualified, it shall grant the applications.

(b) Petitions to deny applications for digital termination system authorizations, and responsive pleadings, shall be filed prior to conducting the random selection, pursuant to the requirements of §21.30. Following the random selection, petitions against tentative selectee's applications shall be resolved by the Commission.

[50 FR 45614, Nov. 1, 1985]

Subpart F-Private Radio Services Applications and Proceedings

SOURCE: 28 FR 12454, Nov. 22, 1963, unless otherwise noted.

§1.901 Scope.

GENERAL

In the case of any conflict between the rules set forth in this subpart and the rules set forth in part 13 or the rules set forth for specific services in parts 80 through 99, the rules in this subpart shall govern.

[58 FR 13021, Mar. 9, 1993]

GENERAL FILING REQUIREMENTS §1.911 Applications required.

(a) Except as provided in paragraph (b) of this section, station licenses as defined in section 3(bb) of the Communications Act; operator licenses or modifications of renewals thereof; assignments of station licenses or any rights thereunder; and consent to transfer control of a corporation holding a license, shall be granted only upon written and signed application.

(b) In cases (1) of an emergency found by the Commission involving danger to life or property or due to damage to equipment, or (2) of a national emergency proclaimed by the President or declared by the Congress and during the continuance of any war in which the United States is engaged, when such action is necessary for the national defense or security or otherwise in furtherance of the war effort, or (3) of emergency where the Commission finds, in these services, that it would not be feasible to secure renewal applications from existing licensees or otherwise to follow normal licensing procedure, the Commission may grant station licenses, or modifications or renewals thereof, without the filing of a formal application; but no such authorization shall be granted for or continue in effect beyond the period of the emergency or war requiring it. The procedure to be followed for requests submitted under the provisions of this paragraph is the same as for obtaining special temporary authority under §1.925.

(c) In case of vessels at sea, the Commission may issue by cable, telegraph, or radio a permit for the operation of a station until the vessel returns to a port of the continental United States.

(d) Canadian licensees desiring to operate in the United States under the

terms of Articles 2 and 3 of the Convention between the United States and Canada concerning Operation of Certain Radio Equipment or Stations (which entered into force May 15, 1952) shall make application upon FCC Form 410, which shall be filed with the Secretary, Federal Communications Commission, Washington, DC, 20554. Forms may be obtained from the FCC Secretary, any field office of the Commission, or from the Controller of Telecommunications, Department of Transport, Ottawa, Canada.

(e) An alien amateur desiring to operate in the United States under provisions of sections 303(1)(2) and 310(a) of the Communications Act of 1934, as amended, and under the terms of a bilateral agreement in force between the applicant's country and the United Staters concluded pursuant to the provisions of Pub. L. 88-313, must make application on FCC Form 610–A,' which must be filed with the Commission's offices in Gettysburg, Pennsylvania (Federal Communications Commission, Gettysburg, Pennsylvania

17325).

Forms may be obtained from the Secretary, the Commission's offices in Gettysburg, Pennsylvania, any field office of the Commission and, in some instances, from United States missions abroad.

(Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308)

[28 FR 12454, Nov. 22, 1963, as amended at 34 FR 19419, Dec. 9, 1969; 37 FR 15928, Aug. 8, 1972; 40 FR 5365, Feb. 5, 1975; 49 FR 30943, Aug. 2, 1984]

$1.912 Where applications are to be filed.

(a) Each application for a new amateur service operator/primary station license and each application involving a change in operator class, except as noted below, must be submitted to the volunteer examiners (VEs) administering the qualifying examination. See $97.17(c) of this chapter. The VES are required to submit the applications of persons passing their respective examinations to the Commission for Novice Class operator licenses, or to the Volunteer-Examiner Coordinator (VEC) for all other amateur operator licenses, ex

1 Form filed as part of original document.

cept as noted below. Each application for a new amateur service club or military recreation station license must be submitted to a club and military recreation station call sign administrator. Each application for a modified or renewed amateur service club or military recreation station license must be submitted to the club and military recreation station call sign administrator that provided it. New, modified, and renewed amateur service club or military recreation station license applications must be submitted by the administrator to: FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245. All other applications for amateur service licenses must be submitted to FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245.

(b) All applications for private land mobile licenses which require both frequency coordination and fees as set forth at Part 1, Subpart G of this chapter shall first be sent to the certified coordinator for the radio service or frequency group concerned. After the appropriate frequency coordination and attachment of the statutory fee, such applications shall be forwarded to the appropriate address in accordance with $0.401(b) of the rules.

(1) All applications for private land mobile licenses that require frequency coordination but not a fee shall be sent to the certified frequency coordinator for the radio service or frequency group concerned. After appropriate frequency coordination, such applications must be forwarded to the Federal Communications Commission, 1270 Fairfield Road, Gettysburg, Pennsylvania 173257245.

(2) All applications for private land mobile licenses that require a fee but not frequency coordination shall be sent to the appropriate address in accordance with §0.401(b) of the rules.

(3) All applications for private land mobile licenses that do not require either frequency coordination or a fee must be sent to Federal Communications Commission, 1270 Fairfield Road, Gettysburg, Pennsylvania 17325-7245.

(c) Formal applications for ship station licenses for use of radiotelephone or radar transmitting apparatus or both, and applications for modification of such licenses shall be filed on FCC

Form 506 and in accordance with the instructions on that form.

(d) Formal applications for ship station licenses (FCC Forms 506 and 405B), for aircraft station licenses (FCC Forms 404 and 405-B), and applications for Maritime Coast and Aviation Ground Stations, requiring fees as set forth in part 1, subpart G of this chapter must be filed in accordance with §1.1102 of the rules.

(e) All other applications that do not require fees must be filed with the Commission's offices in Gettysburg, Pennsylvania. Address the applications to: Federal Communications Commission, 1270 Fairfield Road, Gettysburg, Pennsylvania 17325-7245. Applications requiring fees as set forth at part 1, subpart G of of this chapter must be filed in accordance with §0.401(b) of the rules.

(Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308; secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154, 303, 307)

[47 FR 9208, Mar. 4, 1982, as amended at 47 FR 15334, Apr. 9, 1982; 48 FR 45658, Oct. 6, 1983; 52 FR 10229, Mar. 31, 1987; 56 FR 64714, Dec. 12, 1991; 58 FR 30717, May 27, 1993]

§ 1.913 Who may sign applications.

(a) Except as provided in paragraph (b) of this section, applications, amendments thereto, and related statements of fact required by the Commission must be signed by the applicant, if the applicant is an individual; by one of the partners, if the applicant is a partnership; by an officer, director, or duly authorized employee, if the applicant is a corporation; or by a member who is an officer, if the applicant is an unincorporated association. Applications, amendments, and related statements of fact filed on behalf of eligible government entities such as states and territories of the United States, their political subdivisions, the District of Columbia, and units of local government, including unincorporated municipalities, must be signed by a duly elected or appointed official who is authorized to do so under the laws of the applicable jurisdiction.

(b) Applications, amendments thereto, and related statements of fact required by the Commission may be signed by the applicant's attorney in case of the applicant's physical disabil

ity or absence from the United States, or by applicant's designated vessel master when a temporary permit is requested for a vessel. The attorney shall, when applicable, separately set forth the reason why the application is not signed by the applicant. In addition, if any matter is stated on the basis of the attorney's or master's belief only (rather than knowledge), the attorney or master shall separately set forth the reasons for believing that such statements are true.

(c) Only the original of applications, amendments, and related statements of fact need be signed.

(d) Applications, amendments, and related statements of fact need not be signed under oath. Willful false statements made therein, however, are punishable by fine and imprisonment, U.S. Code, Title 18, section 1001, and by appropriate administrative sanctions, including revocation of station license pursuant to section 312(a)(1) of the Communications Act of 1934, as amend

ed.

(e) "Signed," as used in this section, means an original hand-written signature, except that by public notice in the FEDERAL REGISTER the Private Radio Bureau may allow signature by any symbol executed or adopted by the applicant with the intent that such symbol be a signature, including symbols formed by computer-generated electronic impulses.

(Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308)

[28 FR 12450, Nov. 22, 1963, as amended at 43 FR 27991, June 28, 1978; 49 FR 30944, Aug. 2, 1984; 58 FR 21406, Apr. 21, 1993]

§1.914 Full disclosures.

Each application shall contain full and complete disclosures with regard to the real party or parties in interest and as to all matters and things required to be disclosed by the application forms.

(Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308)

§1.916 Repetitious applications.

Where the Commission has, for any reason, denied an application for a new station or for any modification of services or facilities, dismissed such appli