Goto Section: 1.225 | 1.229 | Table of Contents
FCC 1.227
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 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 the Federal Register of 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.
[ 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; 76 FR 70908 , Nov. 16, 2011]
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Goto Section: 1.225 | 1.229
Goto Year: 2011 |
2013
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