such cases, the question of consistency with the NARBA or objectionable interference to stations in North American countries not signatory to the NARBA shall be made a matter of issue in the hearing.

3 Applications in hearing status. (a) Whenever it appears with respect to any application which has been designated for hearing by itself or with respect to all of the applications in any consolidated proceeding that a grant of the application or applications involved would be inconsistent with the NARBA or would result in objectionable interference to a station in a North American country, not signatory to the NARBA, and where the hearing involved has not been commenced, such application or applications will be removed from the nearing docket and placed in the pending file. Where the hearing involved has been commenced, such application or applications will be placed in the pending file, but will not be removed from the hearing docket. Such action shall be by order and may be taken by the Commission upon its own motion or by the Motions Commissioner upon motion of any party to the proceeding or of the Chief of the Broadcast Bureau.

(b) Whenever it appears with respect to one or more but not all of the applications in any consolidated proceeding that a grant of such application or applications would be inconsistent with the NARBA or would result in objectionable interference with stations in a North American country not signatory to the NARBA and where consistency with the NARBA or interference to foreign stations is not already a matter at issue in the proceeding, the notice of hearing will be amended to include an appropriate issue and if the record has been closed it will be reopened for the purpose of taking testimony with respect to such issue. Such action will be taken by the Commission upon its own motion or upon motion of any party to the proceeding or the Chief of the Broadcast Bureau.

(c) In any proceeding in which after the hearing has commenced it becomes necessary to place the applications involved in the pending file or to add, with respect to any application or applications, an issue concerning consistency with the NARBA or interference to foreign stations the applicants concerned will, notwithstanding the status of the proceeding and the provisions of 1.365 (a), be afforded a reasonable opportunity to amend for the purpose of achieving consistency with the NARBA and eliminating interference to foreign stations.

(d) In any proceeding in which there is an issue concerning consistency with the NARBA or interference to foreign stations the presiding officer will include in his decision a finding upon this issue. However, neither the presiding officer nor the Commission will take this factor into account in arriving at a determination whether the grant of any application in the proceeding would serve the public interest. The pre

siding officer and the Commission will adhere to the policy outlined below in taking final or intermediate action upon the applications involved in such proceedings.

(1) Applications will be granted where such action would not be inconsistent with the NARBA, would not result in interference to a station in a North American country not signatory to the NARBA, and would otherwise be in the public interest.

(11) Applications will be denied (a) which are mutually exclusive with an application granted in accordance with (1) above; and (b) where a denial is required for reasons independent of the question whether grant of application would be consistent with the NARBA or would result in objectionable interference to a station in a North American country not signatory to the NARBA.

(111) Applications will be placed in the pending file without removal from the hearing docket (a) where a grant would be inconsistent with the NARBA or would result in interference to a station in a North American country not signatory to the NARBA but would otherwise be in the public interest; and (b) where a denial would be based upon comparative consideration with an application placed in the pending file in accordance with the immediately preceding subdivision (i) (a).

4. General provisions with respect to applications placed in the pending file. (a) whenever any application is placed in the pending file pursuant to paragraphs 2 or 3 above, the applicant concerned will be notifiled and public notice of the action will be given at the offices of the Commission in Washington, D. C. The Commission will maintain a list of all applications placed in the pending file which list will be available for pubic inspection. Any interested applicant who believes that an application has been erroneously placed in the pending file may petition the Commission for a review of its action or the Secretary's action. Petitions requesting that an application be placed in the pending file will also be entertained. All petitions filed pursuant to this paragraph must be filed in quintuplicate and be accompanied by an affidavit of a qualified radio engineer setting forth the engineering basis for the petition. Upon receipt of a petition filed in accordance with this paragraph, the Commission will review the action to which the petition is directed and provide opportunity for the submission by interested parties of any further data that may be required for full consideration of the matter.

5. Applications consistent with the NARBA. As a matter of general practice, except as provided in the procedure set out above, applications consistent with the NARBA which do not propose operations which would cause interference to stations in North American countries not signatory to the NARBA will be considered and acted upon by the Commission in accordance with its established procedure, even though the NARBA may not yet have entered into force. In particular cases

involving applications consistent with the NARBA but in which special considerations of an international nature require that a different procedure be followed, the applicant or applicants involved will be formally advised to that effect.

GENERAL REQUIREMENTS AS TO APPLICATIONS § 1.301 Applications required.' (a) Construction permits, modifications of construction permits, operator and station licenses, renewal of operator and station licenses, modification of station licenses, special temporary authorizations, special service authorizations, assignment of construction permits or licenses and consent to transfer control of a corporation holding a construction permit or license, shall be granted only upon written, subscribed, and verified application upon forms prescribed by the Commission.

A separate application

shall be filed for each instrument of authorization requested. In cases arising in services other than broadcast, however, where a licensee holds several licenses which are identical in terms, or which are identical with the exception of station locality, and in other cases in the discretion of the Commission, a single application may be filed for renewal or modification of such licenses, provided such single application sets forth in detail an accurate description of the individual licenses sought to be renewed or modified In cases of emergency, the Commission may issue, for a period not in excess of three months, licenses, renewal of licenses or modification of licenses for stations on vessels or aircraft of the United States, without a formal application. 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.

(b) Canadian licensees desiring to operate in the United States under the terms of Articles 2 and 3 of the Treaty between United States and Canada, effective May 15, 1952, are required to register and obtain a permit.

§ 1.302 Place of filing and number of copies. For places where applications must be filed and number of copies to be filed, see sections 0.409 through 0.414 of the Statement of Organization, Delega

For additional information relative to applications see the respective rules relating to each service.

tions of Authority and Other Information.

§ 1.303 Subscription and verification of applications. Each application or amendment thereto shall be personally subscribed and verified or affirmed according to law: (a) By the party filing such application or amendment, or by one of the parties, if there be more than one; (b) by an officer of the party filing the application or amendment if the party be a corporation: Provided, however, That subscription and verification may be made by the attorney for the party (1) in case of physical disability of the party, or (2) his absence from the continental United States. If it be made by a person other than the party, he must set forth in the verification the grounds of his belief as to all matters not stated upon his knowledge and the reason why it is not made by the party. Where more than one copy of an application is required to be filed with the Commission, only the original need be signed and verified; the copies may be conformed.

applications.

$ 1.304 Contents of Each application (unless otherwise directed) shall be specific with regard to frequency or frequencies, power, hours of operation, equipment, location of the station, and other information required by the application forms. An application for broadcast facilities in the standard, FM, or television bands shall be limited to one frequency and an application for radio station construction permit or license requesting alternate facilities will not be accepted. An application for a television broadcast station must request a specific channel provided for in table of assignments (§ 3.606 of this chapter) for the city in which the applicant proposes to construct a station.

§ 1.305 Full disclosures. Each application shall contain full and complete disclosures with regard to the real party or parties in interest, and their legal, technical, financial, and other qualifications, and as to all matters and things required to be disclosed by the application forms.

§ 1.306 Additional statements. The Commission may require an applicant

Applications for FM facilities filed before July 1, 1947, need not specify a particular frequency unless the applicants are directed to do so by the Commission.

to submit such documents and written statements of fact, under oath, as in its judgment may be necessary.

§ 1.307 Form of amendments to applications. Any amendment to an application shall be subscribed, verified, and submitted in the same manner, and with the same number of copies, as was the original application.

§ 1.308 Amendments of applications ordered. The Commission may, upon its own motion or upon motion of any party to a proceeding, order the applicant to amend his application so as to make the same more definite and certain.

FCC

RULES RELATING TO FILING OF APPLICATIONS AND DESCRIPTION OF APPLICATION FORMS § 1.309 Special forms. (a) Form 301-A, "Request for Modification of Broadcast Station Authorization (Remote Control)." For use by existing broadcast licensees or permittees applying for permit to operate a standard or FM broadcast station from a remote control point.

(b) FCC Form 318, "Request For Subsidiary Communications Authorizations." For use by existing FM broadcast licensees applying for permit to establish a SCA service, modification of SCA, renewal of SCA, and assignment and transfer of SCA.

§ 1.310 FCC Form 410, Application of Canadian Radio Station Licensees for Registration and Permit to Operate in the United States. For use of Canadian licensees applying for a permit for operation in the United States in accordance with the terms of the treaty between the United States and Canada relating to mutual recognition of certain radio station and operator licenses issued by either country.

§ 1.311 Application forms for authority to construct a new station or make changes in an existing station; broadcast services. Applications for new facilities or modification of existing facilities in the broadcast services including standard, FM, television, international, experimental (experimental television, experimental facsimile and developmental), and auxiliary (remote pickup broadcast, broadcast STL, FM inter-city relay, television pickup, television STL and television inter-city relay) shall be made on the following forms:

(a) FCC Form 301 "Application for Authority to Construct a New Broadcast

Station or Make Changes in an Existing Broadcast Station."

(b) FCC Form 309, "Application for Authority to Construct or Make Changes in an Existing International, Experimental Television, Experimental Facsimile, or a Developmental Broadcast Station."

(c) FCC Form 313, "Application for Authorization in the Auxiliary Broadcast Services."

(d) FCC Form 340, "Application for Authority To Construct or Make Changes in a Noncommercial Educational FM Broadcast Station."

§ 1.312 Application forms for construction permit or modification thereof; radio services other than broadcast. Applications for new facilities or modifications thereof in the Fixed Public Radio Services, Experimental Radio Services, Coastal and Marine Relay Services, Aviation Services, Public Safety Radio Services, Industrial Radio Services, Land Transportation Radio Services, and Radio Stations in Alaska shall be made on the following forms except as noted:

(a) FCC Form 400 "Application for Radio Station Authorization in Public Safety, Industrial and Land Transportation Radio Services." This form is used in these services for New Station, Modification, Renewal, Assignment of Authorization, or License to cover Construction Permit.

(b) FCC Form 400-A "Request for Amendment of Radio Station Authorization." This form may be used when requesting certain amendments to an existing radio station authorization, in the Public Safety, Industrial and Land Transportation Radio Services, as enumerated on the form and specified in the rules for the particular Service.

(c) FCC Form 401 "Application for new or modified Radio Station Construction Permit (other than Broadcast, Public Safety, Industrial, or Land Transportation Radio Services)."

(d) FCC Form 401-A, “Description of Proposed Antenna Structure (s) (services other than Broadcast).”

(e) FCC Form 480, "Application for Civil Air Patrol Radio Station Authorization."

[Paragraph (e) amended, 21 F. R. 6276, Aug. 21, 1956]

§ 1.313 Installation or removal of apparatus; broadcast and nonbroadcast. Application for construction permit or modification thereof involving the installation of new transmitting apparatus shall be filed at least sixty days prior to the contemplated installation.

NOTE: In the Public Safety, Industrial, and Land Transportation Radio Services replacement of transmitting equipment may be made without prior authorization provided the replacement transmitters appear on the Commission's "List of Equipments Acceptable for Licensing" and designated for use in the Public Safety, Industrial and Land Transportation Radio Services and provided the substitute equipment employs the same type of emission and does not exceed the power limitations as set forth in the station

authorization.

§ 1.314 Application for extension of construction permit or for construction permit to replace expired construction permit (broadcast); application for extension of construction permit (nonbroadcast). (a) A construction permit shall be automatically forfeited if the station is not ready for operation within the time specified therein or within such further time as the Commission may have allowed for completion, and a notation of the forfeiture of any construction permit under this provision will be placed in the records of the Commission as of the expiration date.

(b) Application for extension of time within which to construct a station shall be filed on FCC Form 701, except in the Public Safety. Industrial, and Land Transportation Radio Services when FCC Form 400-A shall be used. Such application shall be filed at least 30 days prior to the expiration date of the construction permit if the facts supporting such application for extension are known to the applicant in time to permit such filing In other cases such applications will be accepted upon a showing satisfactory to the Commission of sufficient reasons for filing within less than 30 days prior to the expiration date. Such applications will be granted upon a specific and detailed showing that the failure to complete was due to causes not under the control of the grantee, or upon a specific and detailed showing of other matters sufficient to justify the extension.

(c) In the broadcast services, when it is desired to replace an expired construction permit, application shall be made on FCC Form 321, "Application for Con

struction Permit to Replace Expired Permit."

§ 1.315 Application for equipment tests or for service or program tests; broadcast and nonbroadcast. Where the rules applicable to the particular service concerned require the filing of an application for authority to conduct equipment tests or service or program tests or notification to any office of the Commission of the commencement of such tests, such application or notification may be informal.

§ 1.317 Application for license following construction permit. (a) In all cases where a construction permit is required for the construction of a station, the application for station license (or for station license or modification thereof, if for station other than broadcast) shall be filed by permittee prior to service or program tests.

(b) The following application forms shall be used:

(1) FCC Form 302, "Application for New Broadcast Station License."

(2) FCC Form 310, "Application for an International, Experimental Television, Experimental Facsimile, or a Developmental Broadcast Station License."

(3) FCC Form 313, "Application for Authorization in the Auxiliary Broadcast Services."

(4) FCC Form 341, “Application for Noncommercial Educational FM Broadcast Station License."

(5) FCC Form 400 "Application for Radio Station Authorization in the Public Safety, Industrial and Land Transportation Radio Services." Check Item 16 to indicate application is for License to cover Construction Permit.

(6) FCC Form 403, "Application for Radio Station License or Modification Thereof (other than broadcasting, amateur, ship, and aircraft)."

§ 1.318 Application for station license where no construction permit is required. (a) Where a construction permit is not required by the Communications Act or the applicable rules and regulations of the Commission, an application for a new station license shall be filed at least 60 days prior to the contemplated operation of the station. In

Applications for amateur station license need not be filed 60 days prior to the contemplated operation of the station,

emergency and for good cause shown, the Commission may waive the requirements of this section.

(b) The following application forms should be used:

(1) FCC Form 302, “Application for broadcast station license." To be used for all applications for license to use the former main transmitter as the auxiliary transmitter when no new construction is involved, and for regular authorization covering special experimental authorization.

(2) FCC Form 341, "Application for Noncommercial Educational FM Broadcast Station License." To be used for all applications for license to use the former main transmitter as the auxiliary transmitter when no new construction is involved.

(3) FCC Form 404, "Application for Aircraft Radio Station License."

(4) [Reserved]

(5) FCC Form 481, "Application for Authority to Operate a Station in the Radio Amateur Civil Emergency Service."

(6) FCC Form 501, "Application for Ship Radio Station Licenses."

(7) FCC Form 501-A, "Application for Ship Radiotelephone Station License."

(8) FCC Form 505, "Application for Citizens Radio Station Construction Permit and License."

(9) FCC Form 525, "Application for Disaster Communications Radio Station Construction Permit and License."

(10) FCC Form 602, "Application for Amateur Station License (under special provisions of Section 12.61 of the Commission's Rules)"-to be used for a station of amateurs in the armed forces when located in approved public quarters but not operated by the United States Government.

(11) FCC Form 610, "Application for Amateur Radio Operator and/or Station License."

§ 1.319 Application for modification of license; broadcast and nonbroadcast. (a) An application for modification of license, except amateur, and except as otherwise provided by regulations in this part, may be filed for change in frequency, change in operating power where no construction is necessary, change in hours of operation, and for change in name of licensee where no change in

ownership or control is involved. In case of a broadcast station, an application for modification of license may be filed for change in location of main studio. In case of all stations other than broadcast, an application for modification of license may be filed for change in points of communication, change in nature of authorized service, and to cover an outstanding construction permit where the station is already licensed. Except when filed to cover construction permit, each application for modification of license shall be filled at least 60 days prior to the contemplated modification of license: Provided, however, That in emergencies and for good cause shown, the requirements hereof may be waived insofar as time for filing is concerned.

(b) The following application forms should be used:

(1) FCC Form 301, "Application for Authority to Construct a New Broadcast Station or Make Changes in an Existing Broadcast Station." To be used for all applications for modification of any term of an existing authorization of a broadcast station (except in the International, Facsimile, Experimental, or Auxiliary Broadcast Services).

(2) FCC Form 309, "Application for Authority to Construct or Make Changes in an Existing International, Experimental Television, Experimental Facsimile, or a Developmental Broadcast Station "

(3) FCC Form 313, "Application for Authorization in the Auxuliary Radio Broadcast Services."

(4) FCC Form 340, "Application for Authority to Construct or make Changes in a Noncommercial Educational FM Broadcast Station." To be used for all applications for modification of any term of an existing authorization for a noncommercial educational FM broadcast station.

(5) FCC Form 400, "Application for Radic Station Authorization in the Public Safety, Industrial, and Land Transportation Radio Services." Check Item 16 to indicate application is for Modification.

(6) FCC Form 400-A, "Request for Amendment of Radio Station Authorization."

(7) FCC Form 403, "Application for Radio Station License or Modification