Sec.  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  Sec.  Sec. 1.1621, 1.1622 (a),
   (b), (c), (d), and (e), and 1.1623. No preferences pursuant to  Sec. 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  Sec. 1.1622 (e)(1) through (e)(7), wholly encompass or are encompassed by the
   protected service area contour, computed in accordance with  Sec. 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]

Subpart F—Wireless Radio Services Applications and Proceedings

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

Scope and Authority