Goto Section: 1.939 | 1.946 | Table of Contents
FCC 1.945
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 1.945 License grants.
(a) License grants—auctionable license applications. Procedures for grant of
licenses that are subject to competitive bidding under section 309(j) of the
Communications Act are set forth in Sec. Sec. 1.2108 and 1.2109 of this part.
(b) License grants—non-auctionable license applications. No application that
is not subject to competitive bidding under Sec. 309(j) of the Communications
Act will be granted by the Commission prior to the 31st day following the
issuance of a Public Notice of the acceptance for filing of such application
or of any substantial amendment thereof, unless the application is not
subject to Sec. 309(b) of the Communications Act.
(c) Grant without hearing. In the case of both auctionable license
applications and non-mutually exclusive non-auctionable license
applications, the Commission will grant the application without a hearing 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 other 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.
(d) Grant of petitioned applications. The FCC may grant, without a formal
hearing, an application against which petition(s) to deny have been filed.
If any petition(s) to deny are pending (i.e. have not been dismissed or
withdrawn by the petitioner) when an application is granted, the FCC will
deny the petition(s) and issue a concise statement of the reason(s) for the
denial, disposing of all substantive issues raised in the petitions.
(e) Partial and conditional grants. The FCC may grant applications in part,
and/or subject to conditions other than those normally applied to
authorizations of the same type. When the FCC does this, it will inform the
applicant of the reasons therefor. Such partial or conditional grants are
final unless the FCC revises its action in response to a petition for
reconsideration. Such petitions for reconsideration must be filed by the
applicant within thirty days after the date of the letter or order stating
the reasons for the partial or conditional grant, and must reject the
partial or conditional grant and return the instrument of authorization.
(f) Designation for hearing. If the Commission is unable to make the
findings prescribed in subparagraph (c), 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.
(1) Orders designating applications for hearing will specify with
particularity the matters in issue.
(2) 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 theFederal Registerof the hearing issues or any substantial
amendment thereto.
(3) The applicant and 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 Wireless
Telecommunications 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 applicant, 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 Wireless
Telecommunications Bureau.
[ 63 FR 68932 , Dec. 14, 1998]
Goto Section: 1.939 | 1.946
Goto Year: 2007 |
2009
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