That the Commission, notwithstanding the requirements of this paragraph, may, if the grant of such application is otherwise authorized by law:

(1) Grant requests for special temporary authorization for periods not exceeding 180 days, accompanied by a statement of the reasons therefor, if it finds that there are extraordinary circumstances requiring temporary operations in the public interest and that delay in institution of such operations would seriously prejudice the public interest, and

(2) Extend such temporary authorizations for additional periods not exceeding 180 days each, upon a finding of continued extraordinary circumstances s requiring temporary operations in the public interest.

(g) Any party in interest may file with the Commission a petition to deny any application, whether as filed y originally or as subsequently amended by a substantial amendment as defined in paragraph (c) of this section, subject to the provisions of this section, no later than 30 days after the date of the public notice listing the application, or substantial amendment to the application, as having been accepted for filing. Such petitions must be filed with the Commission's offices in Gettysburg, Pennsylvania. Address them to: Federal Communications Commission, 1270 Fairfield Road, Gettysburg, Pennsylvania 17325-7245. A petitioner shall serve a copy of such petition on the applicant. A petition shall contain specific allegations of fact sufficient to make a prima facie showing that the petitioner is a party in interest and that a grant of the application would be 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 FR 12454, Nov. 22, 1963, as amended at 29 FR 7822, June 19, 1964; 30 FR 4479, Apr. 7, 1965; 36 FR 19440, Oct. 6, 1971; 48 FR 1973, Jan. 17, 1983; 49 FR 30945, Aug. 2, 1984; 49 FR 36376, Sept. 17, 1984; 51 FR 2703, Jan. 21, 1986; 53 FR 28940, Aug. 1, 1988; 54 FR 10327, Mar. 13, 1989; 55 FR 10462, Mar. 21, 1990; 56 FR 64715, Dec. 12, 1991]

ACTION ON APPLICATIONS

AUTHORITY: Sections 1.971 through 1.973 are 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;

(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.

[28 FR 12454, Nov. 22, 1963, as amended at 49 FR 30946, Aug. 2, 1984]

§1.972 Grants by random selection.

(a) The provisions of this section, including provisions incorporated by reference, may apply to applications for initial licenses:

(1) For stations in the following Private Radio Services:

Part 80-Stations in the Maritime Services Part 87-Aviation Services

Part 90-Private Land Mobile Services Part 94 Private Operational-Fixed Microwave Service.

Part 95 Subpart F-Personal Radio Services.

(2) In any other proceedings in the Private Radio Services in which the Commission determines that there is no material difference in competing applicants' abilities to serve the public interest.

(b) Applications in the services specified above shall be tendered, filed, accepted or dismissed, publicly noted, and subject to Petitions to Deny in accordance with §1.962 and the rules and policies established for each respective service.

(c) If there are mutually exclusive applications for an initial license for stations subject to part 80 or part 87, or if there are more applications for an initial license in part 90, part 94 or part 95-subpart F, than can be accommodated on available frequencies, the Commission may process the applications pursuant to a system of random selection. Each such random selection shall be conducted pursuant to an order issued by the Private Radio Bureau and under the direction of the Chief of the Bureau.

(d) Expedited hearing proceedings may be used to apply comparative criteria to determine which applications will be granted, denied or subjected to random selection. The selection percentages, preferences, and probability calculations prescribed in §1.1621 et seq. of this part are not applicable to any system of random selection conducted in the Private Radio Bureau. Following the random selection, the Commission will announce the tentative selectee and determine whether the tentative selectee is qualified to receive the license under the rules applicable to the respective service. Where authorized under §1.962, Petitions to Deny which have been filed against the tentative selectee before the random selection will be reviewed and processed prior to grant, in accordance with §1.962 and rules applicable to each respective service. If the Commission determines

that the tentative selectee has satisfied all requirements, it will grant the application. If it is determined that an initial tentative selectee is not qualified to receive the license grant, another tentative selectee chosen from among the same applicant pool during the same random selection will be designated until a qualified applicant is determined. If the Commission determines that a substantial and material question of fact exists, it will designate the question for hearing. Hearings may be conducted by the Commission or the Chief of the Private Radio Bureau, or, in the case of a question which requires oral testimony for its resolution, an Administrative Law Judge.

[48 FR 27201, June 13, 1983, as amended at 48 FR 43330, Sept. 23, 1983; 49 FR 30946, Aug. 2, 1984; 50 FR 4650, Feb. 1, 1985; 51 FR 31304, Sept. 2, 1986; 57 FR 8274, Mar. 9, 1992] $1.973 Designation for hearing.

(a) If the Commission is unable to make the findings prescribed in §1.971(a) and does not utilize the system of random selection prescribed in §1.972 of this part, it will formally designate the application for hearing on the grounds or reasons then obtaining and will notify the applicant and all other known parties in interest of such action.

(b) Orders designating applications for hearing will specify with particularity the matters in issue.

(c) Parties in interest, if any, who are not notified by the Commission of its action in designating a particular application for hearing may acquire the status of a party to the proceeding by filing a petition for intervention showing the basis of their interest not more than 30 days after publication in the FEDERAL REGISTER of the hearing issues or any substantial amendment thereto.

(d) The applicant ard all other parties in interest shall be permitted to participate in any hearing subsequently held upon such applications. Hearings may be conducted by the Commission or by the Chief of the Private Radio Bureau, or, in the case of a question which requires oral testimony for its resolution, an Administrative Law Judge. The burden of proceeding with the introduction of evidence and

#burden of proof shall be upon the appli

cant, except that with respect to any issue presented by a Petition to Deny or a petition to enlarge the issues, such burdens shall be as determined by the Commission or the Chief of the Private Radio Bureau.

(48 FR 27202, June 13, 1983]

REPORTS TO BE FILED WITH THE COMMISSION

1.981 Reports, annual and semiannual.

(a) Licensees of stations authorized for developmental operation shall submit a report on the results of the developmental program. The report shall be filed with and made a part of each application for renewal of authorization.

(b) The report shall include comprehensive and detailed information on the following:

(1) The final objective.

(2) Results of operation to date.

(3) Analysis of the results obtained. (4) Copies of any published reports. (5) Need for continuation of the program.

(6) Number of hours of operation on each frequency.

(c) Where required by the particular service rules, licensees who have entered into agreements with other persons for the cooperative use of radio

Action

1. Marine Coast Stations:

station facilities must submit annually an audited financial statement reflecting the nonprofit cost-sharing nature of the arrangement to the Commission's offices in Washington, D.C., no later than three months after the close of the licensee's fiscal year.

Subpart G-Schedule of Statutory Charges and Procedures for Payment

SOURCE: 52 FR 5289, Feb. 20, 1987, unless otherwise noted.

§1.1101 Authority.

Authority to impose and collect these charges is contained in title III, section 3001 of the Omnibus Budget Reconciliation Act of 1989 (Pub. L. 101239), revising 47 U.S.C. 158, which directs the Commission to prescribe charges for certain of the regulatory services it provides to many of the communications entities within its jurisdiction. This law revises section 8 of the Communications Act of 1934, as amended, which contains a Schedule of Charges as well as procedures for modifying and collecting these charges.

[55 FR 19155, May 8, 1990]

§1.1102 Schedule of charges for private radio service.

Fee type code

$70 PBM

Address

Federal Communications Commission, Marine Coast Service, P.O. Box 358265, Pittsburgh, PA 152515265.

Federal Communications Commission, Marine Coast Service, P.O. Box 358265, Pittsburgh, PA 152515265.

Federal Communications Commission, 405A Station Renewal, P.O. Box 358270, Pittsburgh, PA 15251– 5270.

Federal Communications Commission, Feeable Correspondence, P.O. Box 358305, Pittsburgh, PA 15251-5305.

Federal Communications Commission, STA Request, Consumer Assistance Branch, Gettysburg, PA 17326.

Federal Communications Commission, Marine Ship Service, P.O. Box 358275, Pittsburgh, PA 152515275.

FCC 574, FCC 1046.

Federal

Communications

Commis

sion, 900 Megahertz Services, P.O. Box 358240, Pittsburgh, PA 152515240.* Federal Communications Commission, Public Safety/Spec Emerg Services, P.O. Box 358285, Pittsburgh, PA 15251-5285.* Federal Communications Commission, 220-222 MHz Services, P.O. Box 358360, Pittsburgh, PA 152515360.

Federal Communications Commission, 220-222 MHz Services, P.O. Box 358360, Pittsburgh, PA 152515360.

Federal Communications Commission, 574R Land Mobile Renewal, P.O. Box 358245, Pittsburgh, PA 15251-5245.

Federal Communications Commission, 405A Station Renewal, P.O. Box 358270, Pittsburgh, PA 152515270.

Federal Communications Commission, Feeable Correspondence, P.O. Box 358305, Pittsburgh, PA 15251-5305.

Federal Communications Commission, STA Request, Consumer Assistance Branch, Gettysburg, PA 17326.