Goto Section: 73.3562 | 73.3566 | Table of Contents
FCC 73.3564
Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 73.3564 Acceptance of applications.
(a)(1) Applications tendered for filing are dated upon receipt and then
forwarded to the Media Bureau, where an administrative examination is made
to ascertain whether the applications are complete. Except for applications
for minor modifications of facilities in the non-reserved FM band, as
defined in Sec. 73.3573(a)(2), long form applications subject to the provisions
of Sec. 73.5005 found to be complete or substantially complete are accepted for
filing and are given file numbers. In the case of minor defects as to
completeness, a deficiency letter will be issued and the applicant will be
required to supply the missing or corrective information. Applications that
are not substantially complete will not be considered and will be returned
to the applicant.
(2) In the case of minor modifications of facilities in the non-reserved FM
band, applications will be placed on public notice if they meet the
following two-tiered minimum filing requirements as initially filed in
first-come/first-serve proceedings:
(i) The application must include:
(A) Applicant's name and address,
(B) Applicant's signature,
(C) Principal community,
(D) Channel or frequency,
(E) Class of station, and
(F) Transmitter site coordinates; and
(ii) The application must not omit more than three of the following
second-tier items:
(A) A list of the other media interests of the applicant and its principals,
(B) Certification of compliance with the alien ownership provisions
contained in 47 U.S.C. 310(b),
(C) Tower/antenna heights,
(D) Effective radiated power,
(E) Whether the antenna is directional or omnidirectional, and
(F) An exhibit demonstrating compliance with the contour protection
requirements of 47 CFR 73.215, if applicable.
(3) Applications found not to meet minimum filing requirements will be
returned to the applicant. Applications found to meet minimum filing
requirements, but that contain deficiencies in tender and/or acceptance
information, shall be given an opportunity for corrective amendment pursuant
to 73.3522 of this part. Applications found to be substantially complete and
in accordance with the Commission's core legal and technical requirements
will be accepted for filing. Applications with uncorrected tender and/or
acceptance defects remaining after the opportunity for corrective amendment
will be dismissed with no further opportunity for amendment.
(b) Acceptance of an application for filing merely means that it has been
the subject of a preliminary review by the FCC's administrative staff as to
completeness. Such acceptance will not preclude the subsequent dismissal of
the application if it is found to be patently not in accordance with the
FCC's rules.
(c) At regular intervals, the FCC will issue a Public Notice listing all
long form applications which have been accepted for filing. Pursuant to
Sec. Sec. 73.3571(h), 73.3572, and 73.3573(f), such notice shall establish a cut-off
date for the filing of petitions to deny. With respect to reserved band FM
applications, the Public Notice shall also establish a cut-off date for the
filing of mutually exclusive applications pursuant to Sec. 73.3573(e). However,
no application will be accepted for filing unless certification of
compliance with the local notice requirements of Sec. 73.3580(h) has been made
in the tendered application.
(d) The FCC will specify by Public Notice, pursuant to Sec. 73.5002, a period
for filing applications for new stations or for major modifications in the
facilities of an existing station. Except for reserved band FM stations and
TV stations on reserved noncommercial educational channels, applications for
new and major modifications in facilities will be accepted only during these
window filing periods specified by the Commission.
(e) Applications for minor modification of facilities may be tendered at any
time, unless restricted by the FCC. These applications will be processed on
a “first come/first served” basis and will be treated as simultaneously
tendered if filed on the same day. Any applications received after the
filing of a lead application will be grouped according to filing date, and
placed in a queue behind the lead applicant. The FCC will periodically
release a Public Notice listing those minor modification of facilities
applications accepted for filing.
(f) If a non-reserved band FM channel allotment becomes vacant, after the
grant of a construction permit becomes final, because of a lapsed
construction permit or for any other reason, the FCC will, by Public Notice,
announce a subsequent filing window for the acceptance of new applications
for such channels.
(g) Applications for operation in the 1605–1705 kHz band will be accepted
only if filed pursuant to the terms of Sec. 73.30(b).
[ 63 FR 48624 , Sept. 11, 1998, as amended at 64 FR 56978 , Oct. 22, 1999; 67 FR 13233 , Mar. 21, 2002]
Goto Section: 73.3562 | 73.3566
Goto Year: 2006 |
2008
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