§  1.227   Consolidations.

   (a) The Commission, upon motion or upon its own motion, will, where
   such action will best conduce to the proper dispatch of business and to
   the ends of justice, consolidate for hearing:

   (1) Any cases which involve the same applicant or involve substantially
   the same issues, or

   (2) Any applications which present conflicting claims, except where a
   random selection process is used.

   (b)(1) In broadcast cases, except as provided in paragraph (b)(5) of
   this section, and except as otherwise provided in § 1.1601, et seq., no
   application will be consolidated for hearing with a previously filed
   application or applications unless such application, or such
   application as amended, if amended so as to require a new file number,
   is substantially complete and tendered for filing by the close of
   business on the day preceding the day designated by Public Notice as
   the day any one of the previously filed applications is available and
   ready for processing.

   (2) In other than broadcast, common carrier, and safety and special
   radio services cases, any application that is mutually exclusive with
   another application or applications already designated for hearing will
   be consolidated for hearing with such other application or applications
   only if the later application in question has been filed within 5 days
   after public notice has been given in theFederal Registerof the
   Commission's order which first designated for hearing the prior
   application or applications with which such application is in conflict.

   (3) Common carrier cases: (i) General rule. Where an application is
   mutually exclusive with a previously filed application, the second
   application will be entitled to comparative consideration with the
   first or entitled to be included in a random selection process, only if
   the second has been properly filed at least one day before the
   Commission takes action on the first application. Specifically, the
   later filed application must have been received by the Commission, in a
   condition acceptable for filing, before the close of business on the
   day prior to the grant date or designation date of the earlier filed
   application.

   (ii) Domestic public fixed and public mobile. See Rule § 21.31 of this
   chapter for the requirements as to mutually exclusive applications. See
   also Rule § 21.23 of this chapter for the requirements as to amendments
   of applications.

   (iii) Public coast stations (Maritime mobile service). See paragraph
   (b)(4) of this section.

   (4) This paragraph applies when mutually exclusive applications subject
   to section 309(b) of the Communications Act and not subject to
   competitive bidding procedures pursuant to § 1.2102 of this chapter are
   filed in the Private Radio Services, or when there are more such
   applications for initial licenses than can be accommodated on available
   frequencies. Except for applications filed under part 101, subparts H
   and O, Private Operational Fixed Microwave Service, and applications
   for high seas public coast stations (see § .§ 80.122(b)(1) (first
   sentence), 80.357, 80.361, 80.363(a)(2), 80.371(a), (b), and (d), and
   § 80.374 of this chapter) mutual exclusivity will occur if the later
   application or applications are received by the Commission's offices in
   Gettysburg, PA (or St. Louis, Missouri for applications requiring the
   fees set forth at part 1, subpart G of the rules) in a condition
   acceptable for filing within 30 days after the release date of public
   notice listing the first prior filed application (with which subsequent
   applications are in conflict) as having been accepted for filing or
   within such other period as specified by the Commission. For
   applications in the Private Operational Fixed Microwave Service, mutual
   exclusivity will occur if two or more acceptable applications that are
   in conflict are filed on the same day. Applications for high seas
   public coast stations will be processed on a first come, first served
   basis, with the first acceptable application cutting off the filing
   rights of subsequent, conflicting applications. Applications for high
   seas public coast stations received on the same day will be treated as
   simultaneously filed and, if granting more than one would result in
   harmful interference, must be resolved through settlement or technical
   amendment.

   (5) Any mutually exclusive application filed after the date prescribed
   in paragraph (b)(1), (b)(2), (b)(3), or (b)(4) of this section will be
   dismissed without prejudice and will be eligible for refiling only
   after a final decision is rendered by the Commission with respect to
   the prior application or applications or after such application or
   applications are dismissed or removed from the hearing docket.

   (6) An application which is mutually exclusive with an application for
   renewal of license of a broadcast station filed on or before May 1,
   1995 will be designated for comparative hearing with such license
   renewal application if it is substantially complete and tendered for
   filing no later than the date prescribed in § 73.3516(e).

   [ 28 FR 12425 , Nov. 22, 1963, as amended at  34 FR 7966 , May 21, 1969;  37 FR 13983 , July 15, 1972;  38 FR 26202 , Sept. 19, 1973;  48 FR 27200 , June
   13, 1983;  48 FR 34039 , July 27, 1983;  52 FR 10229 , Mar. 31, 1987;  55 FR 46008 , Oct. 31, 1990;  55 FR 46513 , Nov. 5, 1990;  61 FR 18291 , Apr. 25,
   1996;  67 FR 34851 , May 16, 2002;  67 FR 48563 , July 25, 2002;  73 FR 9018 , Feb. 19, 2008]