Goto Section: 73.3521 | 73.3523 | Table of Contents
FCC 73.3522
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 73.3522 Amendment of applications.
(a) Broadcast services subject to competitive bidding. (1) Applicants in all
broadcast services subject to competitive bidding will be subject to the
provisions of § § 73.5002 and 1.2105(b) regarding the modification of their
short-form applications.
(2) Subject to the provision of § 73.5005, if it is determined that a long
form application submitted by a winning bidder or a non-mutually exclusive
applicant for a new station or a major change in an existing station in all
broadcast services subject to competitive bidding is substantially complete,
but contains any defect, omission, or inconsistency, a deficiency letter
will be issued affording the applicant an opportunity to correct the defect,
omission or inconsistency. Amendments may be filed pursuant to the
deficiency letter curing any defect, omission or inconsistency identified by
the Commission, or to make minor modifications to the application, or
pursuant to § 1.65. Such amendments should be filed in accordance with
§ 73.3513. If a petition to deny has been filed, the amendment shall be
served on the petitioner.
(3) Subject to the provisions of § § 73.3571, 73.3572 and 73.3573,
deficiencies, omissions or inconsistencies in long-form applications may not
be cured by major amendment. The filing of major amendments to long-form
applications is not permitted. An application will be considered to be newly
filed if it is amended by a major amendment.
(4) Paragraph (a) of this section is not applicable to applications for
minor modifications of facilities in the non-reserved FM broadcast service,
nor to any application for a reserved band FM station.
(b) Reserved Channel FM and reserved noncommercial educational television
stations. Applications may be amended after Public Notice announcing a
period for filing amendments. Amendments, when applicable, are subject to
the provisions of § § 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and § 1.65
of this chapter. Unauthorized or untimely amendments are subject to return
by the FCC's staff without consideration. Amendments will be accepted as
described below and otherwise will only be considered upon a showing of good
cause for late filing or pursuant to § 1.65 of this chapter or § 73.3514:
(1) A § 73.7002 Selectee. A Public Notice will announce that the application
of a § 73.7002 Selectee (selected based on fair distribution) has been found
acceptable for filing. If any Selectee's application is determined
unacceptable the application will be returned and the Selectee will be
provided one opportunity for curative amendment by filing a petition for
reconsideration requesting reinstatement of the application. All amendments
filed in accordance with this paragraph must be minor and must not alter the
§ 73.7002 preference.
(2) A § 73.7003 Tentative Selectee. A Public Notice will announce that the
application of a § 73.7003 Tentative Selectee (selected through a point
system) has been found acceptable for filing. If any Tentative Selectee's
application is determined unacceptable the application will be returned and
the Tentative Selectee will be provided one opportunity for curative
amendment by filing a petition for reconsideration requesting reinstatement
of the application. All amendments filed in accordance with this paragraph
must be minor and must claim the same number of qualitative points as
originally claimed, or more points than claimed by the applicant with the
next highest point total.
(3) A Public Notice will identify all other reserved channel applications,
such as non-mutually exclusive applications and the sole remaining
application after a settlement among mutually exclusive applications. If any
such application is determined unacceptable the application will be returned
and the applicant will be provided one opportunity for curative amendment by
filing a petition for reconsideration requesting reinstatement of the
application. All amendments filed in accordance with this paragraph must be
minor.
(c) Minor modifications of facilities in the non-reserved FM broadcast
service.
(1) Subject to the provisions of § § 73.3525, 73.3573, and 73.3580, for a
period of 30 days following the FCC's issuance of a Public Notice announcing
the tender of an application for minor modification of a non-reserved band
FM station, (other than Class D stations), minor amendments may be filed as
a matter of right.
(2) For applications received on or after August 7, 1992, an applicant whose
application is found to meet minimum filing requirements, but nevertheless
is not complete and acceptable, shall have the opportunity during the period
specified in the FCC staff's deficiency letter to correct all deficiencies
in the tenderability and acceptability of the underlying application,
including any deficiency not specifically identified by the staff. [For
minimum filing requirements see § 73.3564(a). Examples of tender defects
appear at 50 FR 19936 at 19945-46 (May 13, 1985), reprinted as Appendix D,
Report and Order, MM Docket No. 91-347, 7 FCC Rcd 5074, 5083-88 (1992). For
examples of acceptance defects, see 49 FR 47331 .] Prior to the end of the
period specified in the deficiency letter, a submission seeking to correct a
tender and/or acceptance defect in an application meeting minimum filing
requirements will be treated as an amendment for good cause if it would
successfully and directly correct the defect. Other amendments submitted
prior to grant will be considered only upon a showing of good cause for late
filing or pursuant to § 1.65 or § 73.3514.
(3) Unauthorized or untimely amendments are subject to return by the
Commission without consideration. However, an amendment to a non-reserved
band application will not be accepted if the effect of such amendment is to
alter the proposed facility's coverage area so as to produce a conflict with
an applicant who files subsequent to the initial applicant but prior to the
amendment application. Similarly, an applicant subject to “first come/first
serve” processing will not be permitted to amend its application and retain
filing priority if the result of such amendment is to alter the facility's
coverage area so as to produce a conflict with an applicant which files
subsequent to the initial applicant but prior to the amendment.
Note 1 to § 73.3522: When two or more broadcast applications are tendered for
filing which are mutually exclusive with each other but not in conflict with
any previously filed applications which have been accepted for filing, the
FCC, where appropriate, will announce acceptance of the earliest tendered
application and place the later filed application or applications on a
subsequent public notice of acceptance for filing in order to establish a
deadline for the filing of amendments as a matter of right for all
applicants in the group.
[ 63 FR 48623 , Sept. 11, 1998, as amended at 65 FR 36378 , June 8, 2000]
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Goto Section: 73.3521 | 73.3523
Goto Year: 2014 |
2016
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