Goto Section: 22.107 | 22.143 | Table of Contents
FCC 22.131
Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 22.131 Procedures for mutually exclusive applications.
Two or more pending applications are mutually exclusive if the grant of one
application would effectively preclude the grant of one or more of the
others under Commission rules governing the Public Mobile Services involved.
The Commission uses the general procedures in this section for processing
mutually exclusive applications in the Public Mobile Services. Additional
specific procedures are prescribed in the subparts of this part governing
the individual Public Mobile Services (see Sec. Sec. 22.509, 22.717, and 22.949) and
in part 1 of this chapter.
(a) Separate applications. Any applicant that files an application knowing
that it will be mutually exclusive with one or more applications should not
include in the mutually exclusive application a request for other channels
or facilities that would not, by themselves, render the application mutually
exclusive with those other applications. Instead, the request for such other
channels or facilities should be filed in a separate application.
(b) Filing groups. Pending mutually exclusive applications are processed in
filing groups. Mutually exclusive applications in a filing group are given
concurrent consideration. The Commission may dismiss as defective (pursuant
to Sec. 1.945 of this chapter) any mutually exclusive application(s) whose
filing date is outside of the date range for inclusion in the filing group.
The types of filing groups used in day-to-day application processing are
specified in paragraph (c)(3) of this section. A filing group is one of the
following types:
(1) Renewal filing group. A renewal filing group comprises a timely-filed
application for renewal of an authorization and all timely-filed mutually
exclusive competing applications ( see Sec. 1.935 of this chapter).
(2) Same-day filing group. A same-day filing group comprises all mutually
exclusive applications whose filing date is the same day, which is normally
the filing date of the first-filed application(s).
(3) Thirty-day notice and cut-off filing group. A 30-day notice and cut-off
filing group comprises mutually exclusive applications whose filing date is
no later than thirty (30) days after the date of the Public Notice listing
the first-filed application(s) (according to the filing dates) as acceptable
for filing.
(4) Window filing group. A window filing group comprises mutually exclusive
applications whose filing date is within an announced filing window. An
announced filing window is a period of time between and including two
specific dates, which are the first and last dates on which applications (or
amendments) for a particular purpose may be accepted for filing. In the case
of a one-day window, the two dates are the same. The dates are made known to
the public in advance.
(c) Procedures. Generally, the Commission may grant one application in a
filing group of mutually exclusive applications and dismiss the other
application(s) in the filing that are excluded by that grant, pursuant to
Sec. 1.945 of this chapter.
(1) Selection methods. In selecting the application to grant, the Commission
will use competitive bidding.
(2) Dismissal of applications. The Commission may dismiss any application in
a filing group that is defective or otherwise subject to dismissal under
Sec. 1.945 of this chapter, either before or after employing selection
procedures.
(3) Type of filing group used. Except as otherwise provided in this part,
the type of filing group used in the processing of two or more mutually
exclusive applications depends upon the purpose(s) of the applications.
(i) If one of the mutually exclusive applications is a timely-filed
application for renewal of an authorization, a renewal filing group is used.
(ii) If any mutually exclusive application filed on the earliest filing date
is an application for modification and none of the mutually exclusive
applications is a timely-filed application for renewal, a same-day filing
group is used.
(iii) If all of the mutually exclusive applications filed on the earliest
filing date are applications for initial authorization, a 30-day notice and
cut-off filing group is used, except that, for Phase I unserved area
applications in the Cellular Radiotelephone Service, a one-day window filing
group is used (see Sec. 22.949).
(4) Disposition. If there is only one application in any type of filing
group, the Commission may grant that application and dismiss without
prejudice any mutually exclusive applications not in the filing group. If
there is more than one mutually exclusive application in a filing group, the
Commission disposes of these applications as follows:
(i) Applications in a renewal filing group. All mutually exclusive
applications in a renewal filing group are designated for comparative
consideration in a hearing.
(ii) Applications in a 30-day notice and cut-off filing group. (A) If all of
the mutually exclusive applications in a 30-day notice and cut-off filing
group are applications for initial authorization, the FCC administers
competitive bidding procedures in accordance with Sec. 22.201 through Sec. 22.227
and subpart Q of part 1 of this chapter, as applicable. After such
procedures, the application of the successful bidder may be granted and the
other applications may be dismissed without prejudice.
(B) If any of the mutually exclusive applications in a 30-day notice and
cut-off filing group is an application for modification, the Commission may
attempt to resolve the mutual exclusivity by facilitating a settlement
between the applicants. If a settlement is not reached within a reasonable
time, the FCC may designate all applications in the filing group for
comparative consideration in a hearing. In this event, the result of the
hearing disposes all of the applications in the filing group.
(iii) Applications in a same-day filing group. If there are two or more
mutually exclusive applications in a same-day filing group, the Commission
may attempt to resolve the mutual exclusivity by facilitating a settlement
between the applicants. If a settlement is not reached within a reasonable
time, the Commission may designate all applications in the filing group for
comparative consideration in a hearing. In this event, the result of the
hearing disposes of all of the applications in the filing group.
(iv) Applications in a window filing group. Applications in a window filing
group are processed in accordance with the procedures for a 30-day notice
and cut-off filing group in paragraph (c)(4)(ii) of this section.
(d) Terminology. For the purposes of this section, terms have the following
meanings:
(1) The filing date of an application is the date on which that application
was received in a condition acceptable for filing or the date on which the
most recently filed major amendment to that application was received,
whichever is later, excluding major amendments in the following
circumstances:
(i) The major amendment reflects only a change in ownership or control found
by the Commission to be in the public interest;
(ii) The major amendment as received is defective or otherwise found
unacceptable for filing; or
(iii) The application being amended has been designated for hearing and the
Commission or the presiding officer accepts the major amendment.
(2) An application for initial authorization is:
(i) Any application requesting an authorization for a new system or station;
(ii) Any application requesting authorization for an existing station to
operate on an additional channel, unless the additional channel is for
paired two-way radiotelephone operation, is in the same frequency range as
the existing channel(s), and will be operationally integrated with the
existing channel(s) such as by trunking;
(iii) Any application requesting authorization for a new transmitter at a
location more than 2 kilometers (1.2 miles) from any existing transmitters
of the applicant licensee on the requested channel or channel block; or
(iv) Any application to expand the CGSA of a cellular system (as defined in
Sec. 22.911), except during the five-year build-out period.
(v) Any “short-form” application (filed on FCC Form 175) requesting a new
paging geographic area authorization.
[ 59 FR 59954 , Nov. 21, 1994, as amended at 62 FR 11629 , Mar. 12, 1997; 63 FR 68943 , Dec. 14, 1998]
Goto Section: 22.107 | 22.143
Goto Year: 2006 |
2008
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