Goto Section: 101.45 | 101.55 | Table of Contents
FCC 101.51
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 101.51 Comparative evaluation of mutually exclusive applications.
(a) In order to expedite action on mutually exclusive applications in
services under this rules part where neither competitive bidding nor the
random selection processes apply, the applicants may request the Commission
to consider their applications without a formal hearing in accordance with
the summary procedure outlined in paragraph (b) in this section if:
(1) The applications are entitled to comparative consideration pursuant to
Sec. 101.45;
(2) The applications have not been designated for formal evidentiary
hearing; and
(3) The Commission determines, initially or at any time during the procedure
outline in paragraph (b) of this section, that such procedure is
appropriate, and that, from the information submitted and consideration of
such other matters as may be officially noticed, there are no substantial
and material questions of fact, presented (Other than those relating to the
comparative merits of the applications) which would preclude a grant under
Sec. 1.915 of this chapter.
(b) Provided that the conditions of paragraph (a) of this section are
satisfied, applicants may request the Commission to act upon their mutually
exclusive applications without a formal hearing pursuant to the summary
procedure outlined below:
(1) To initiate the procedure, each applicant will submit to the Commission
a written statement containing:
(i) A waiver of the applicant's right to a formal hearing;
(ii) A request and agreement that, in order to avoid the delay and expense
of a comparative formal hearing, the Commission should exercise its judgment
to select from among the mutually exclusive applications that proposal (or
proposals) which would best serve the public interest; and
(iii) The signature of a principal (and the principal's attorney if
represented).
(2) After receipt of the written requests of all of the applicants the
Commission (if it deems this procedure appropriate) will issue a notice
designating the comparative criteria upon which the applications are to be
evaluated and will request each applicant to submit, within a specified
period of time, additional information concerning the applicant's proposal
relative to the comparative criteria.
(3) Within thirty (30) days following the due date for filing this
information, the Commission will accept concise and factual argument on the
competing proposals from the rival applicants, potential customers, and
other knowledgeable parties in interest.
(4) Within fifteen (15) days following the due date for the filing of
comments, the Commission will accept concise and factual replies from the
rival applicants.
(5) From time to time during the course of this procedure the Commission may
request additional information from the applicants and hold informal
conferences at which all competing applicants will have the right to be
represented.
(6) Upon evaluation of the applications, the information submitted, and such
other matters as may be officially noticed the Commission will issue a
decision granting one (or more) of the proposals which it concludes would
best serve the public interest, convenience and necessity. The decision will
report briefly and concisely the reasons for the Commission's selection and
will deny the other application(s). This decision will be considered final.
[ 61 FR 26677 , May 28, 1996, as amended at 63 FR 6104 , Feb. 6, 1998; 63 FR 68982 , Dec. 14, 1998]
License Transfers, Modifications, Conditions and Forfeitures
Goto Section: 101.45 | 101.55
Goto Year: 2007 |
2009
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