FCC Web Documents citing 73.3522

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • interference protection to existing and prior proposed facilities, and that it has obtained any necessary consent letters in lieu of interference protection. The applicant must also certify that it has served all potentially affected parties with copies of its amended application and engineering materials, and that the engineering analyses comply with the rules and methodology. See 47 C.F.R. �� 21.23, 73.3522(a). Furthermore, ITFS applicants may amend applications to cure defects noted in deficiency letters to the applicant. See 47 C.F.R. � 73.3522(a). MDS BTA applicants may amend a long-form application up to the date the application has appeared on public notice as accepted for filing or by written petition demonstrating good cause if the application is already on public notice. See
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  • 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. � 1.2109(a). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. �� 1.2104(g)(2), 1.2109(c). 47 C.F.R. � 1.2109(c). 47 C.F.R. � 1.2109(d). 47 C.F.R. � 73.5005(a). See ``Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See 47 C.F.R. �� 73.3571(a)(1), 73.3571(h)(4)(iii), 73.3522(a)(3). 47 C.F.R. � 1.2107(c). Pub. L. 105-33, 111 Stat. 251 (1997). 47 C.F.R. �1.2108(c). Id. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996). See Auction No. 32 Construction Permits for New AM Broadcast Stations Scheduled for December 10, 2002; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public
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  • should use the corrected number. 47 C.F.R. �� 1.2104(g), 1.2109(c). See 47 C.F.R. � 1.2104(g)(1). 47 C.F.R. � 1.2104(g). 47 C.F.R. � 1.2109(b). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. � 1.2109(a). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. �� 1.2104(g)(2), 1.2109(c). 47 C.F.R. � 1.2109(c). 47 C.F.R. � 1.2109(d). 47 C.F.R. � 73.5005(a). See 47 C.F.R. �� 73.3573(a)(1), 73.3573(f)(5)(iii), 73.3522(a)(3). See ``Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See also 47 C.F.R. � 73.3573(f)(5)(i). 47 C.F.R. � 1.2107(c). Pub. L. 105-33, 111 Stat. 251 (1997). 47 C.F.R. �1.2108(c). Id. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996). See
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  • 1.2109(a). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. �� 1.2104(g)(2), 1.2109(c). 47 C.F.R. � 1.2109(c). See 47 C.F.R. � 1.2109(d). 47 C.F.R. � 73.5005(a). For information regarding electronic application filing, refer to ``Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See 47 C.F.R. �� 73.3573(a)(1), 73.3573(f)(5)(iii), 73.3522(a)(3). 47 C.F.R. �� 1.2104(g), 1.2107(c), 73.5005(c). Applicants are also reminded that the Commission's ``red light rule'' implementing the Debt Collection Improvement Act has recently become effective. 47 C.F.R. � 1.1910. Under the red light rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. Id.; see also
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  • Post argues that even if Meridian had been allowed to amend on June 6, 1995, its September 19, 1996 amendment substituting yet another financing source proves that it did not have reasonable assurance of funding even on June 6. In opposition, Meridian maintains that the Letter Decision correctly observed that, under Commission rules in effect at the time, specifically Section 73.3522, Meridian was entitled to file a financial amendment as a matter of right up to thirty days after the last filed competing application was placed on public notice (known as the "B" cut-off list). Meridian points out that its June 6, 1995 amendment was filed within that time period, as well as two weeks before Post ever raised the financial
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  • Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984 � 164 (1998). See 47 C.F.R. �� 73.3522(a), 73.3572. See 47 C.F.R. �� 1.2104(g), 1.2107(c), 73.5005(c). Applicants also are reminded that the Commission's ``red light rule'' implementing the Debt Collection Improvement Act has become effective. 47 C.F.R. � 1.1910. Under the red light rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. Id.; see
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  • consequences. It remains solely the obligation of each applicant to assess these potential consequences and to choose its facility licensing strategy accordingly. The January 3, 2005, staff letter to WWZY(FM) stated that "the application must be amended to demonstrate compliance with � 73.207 or � 73.215 with respect to WKDN's License BMLED-19980417KA." In addition, we stated that pursuant to Section 73.3522, ". . . an applicant whose application is found to meet the minimum filing requirements but nevertheless is not complete and acceptable shall have the opportunity in the 30-day 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." Additionally,
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  • Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984 � 164 (1998). See 47 C.F.R. �� 73.3573(a)(1), 73.3573(f)(5)(iii), 73.3522(a)(3). To obtain the Short Form file number, go to CDBS Public Access (http://svartifoss2.fcc.gov/prod/cdbs/pubacc/prod/cdbs_pa.htm) and select ``Search for Application Information.'' In the Application Search page, in ``File Number,'' enter ``20050%'' in the second box (leave the first box blank). In ``Form'' select ``Short Form'' from the pull-down menu. Enter the appropriate ``Community of License City'' and ``State.'' Finally, in ``Application Status''
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  • Modification Auction Filing Window; Minor Modification Application Freeze,'' Public Notice, 18 FCC Rcd 23016 (MB/WTB 2003) (``Auction No. 84 Filing Window Public Notice''). Id., 18 FCC Rcd at 23018. 47 C.F.R. � 1.2105(b)(2). Id.; see also 47 C.F.R. � 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''). Auction No. 84 Filing Window Public Notice, 18 FCC Rcd at 23021 (emphasis added); see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures; Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use - 4660-4685 MHz, Third Report and Order and Second Further Notice of
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  • Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984 � 164 (1998). See 47 C.F.R. �� 73.3522, 73.3572. See 47 C.F.R. �� 1.2104(g), 1.2107(c), 73.5005(c). Applicants also are reminded that the Commission's ``red light rule'' implementing the Debt Collection Improvement Act will be enforced. 47 C.F.R. � 1.1910. Under the red light rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. Id.; see
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  • Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315, Public Notice, 16 FCC Rcd 3989 (MMB 2001). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984 � 164 (1998). See 47 C.F.R. �� 73.3522, 73.3573. ) and select ``Search for Application Information.'' In the Application Search page, in ``File Number,'' enter ``200612%'' in the second box (leave the first box blank). In ``Form'' select ``Short Form'' from the pull-down menu. Enter the appropriate ``Community of License City'' and ``State.'' Finally, in ``Application Status'' select ``CP Requested'' from the pull-down menu. Then, click on ``Submit
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  • be relied upon to operate the proposed Pinetop facility in accordance with its authorization and our rules. March 13, 1996, Amendment. Finally, Navajo argues that Konopnicki's March 13, 1996, amendment must be dismissed because as it was filed more than 30 days after the application was accepted for tender and because it lacked a good cause showing pursuant to Section 73.3522(a)(6) of the Rules. Again, we disagree. Pursuant to the Commission's rule making proceeding modifying the strict ``hard look'' approach to applications processing, commercial FM applicants whose filings would otherwise be dismissed were afforded additional opportunities to correct perceived application deficiencies. Specifically, after an initial 30-day amendment as-of-right period, there is a second stage during which, in response to another 30-day
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  • proposals filed by four applicants: Asiavision, Inc., Laurie Mintz, Michael Mintz and Rehoboth Beach Communications, Inc. Id. Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119. 47 C.F.R. � 1.2105(b)(2). Id.; see also 47 C.F.R. � 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''); see, e.g., Letter to Koch Broadcasting Corp., 21 FCC Rcd 147 (Auc. & Audio Divs. 2006). Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further Notice of
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  • Pappas, and Gary M. Cocola Family Trust, Gary M. Cocola, Trustee were assigned to MX Group 131. Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119. 47 C.F.R. � 1.2105(b)(2). Id.; see also 47 C.F.R. � 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''); see, e.g., Letter to Koch Broadcasting Corp., 21 FCC Rcd 147 (Auc. & Audio Divs. 2006). Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further Notice of
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  • Mintz, Cyril H. Miller and Una Vez Mas Midland License, LLC were assigned to MX Group 81. Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119. 47 C.F.R. � 1.2105(b)(2). Id.; see also 47 C.F.R. � 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''); see, e.g., Letter to Koch Broadcasting Corp., 21 FCC Rcd 147 (Auc. & Audio Divs. 2006). Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further Notice of
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  • engineering proposals submitted by Michael Mintz and National Minority TV, Inc. were assigned to MX Group 84. Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119. 47 C.F.R. � 1.2105(b)(2). Id.; see also 47 C.F.R. � 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''); see, e.g., Letter to Koch Broadcasting Corp., 21 FCC Rcd 147 (Auc. & Audio Divs. 2006). Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further Notice of
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  • the remand posture of Oregon's application when it established the point system and applied it to Oregon. See Omnibus Order, 22 FCC Rcd at 6115, n.84; NCE MO&O, 16 FCC Rcd at 5128, App. D(3). See Petition at 8-11; Reply to Opposition at 4-5. See Petition at 14 - 20. See Reply to Opposition at 3 (citing 47 C.F.R. �� 73.3522 and 73.3573). See Opposition at 7. 47 C.F.R. � 1.65. See Opposition at 9. The Research Foundation argues that the University Foundation currently has a forty percent ownership interest in the Research Foundation through shared board members. Id., n.2. For this reason, we need not address the Research Foundation's request for any necessary waiver to reflect the University Foundation's retention
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  • Auction Filing Window; Minor Modification Application Freeze, Public Notice, 20 FCC Rcd 10563 (MB/WTB 2005). See Auction No. 84 Filing Window Public Notice. Id., 18 FCC Rcd at 23018. 47 C.F.R. � 1.2105(b)(2). Id.; see also 47 C.F.R. � 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''). Auction No. 84 Filing Window Public Notice, 18 FCC Rcd at 23021 (emphasis added); see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures; Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use - 4660-4685 MHz, Third Report and Order and Second Further Notice of
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  • (NCE), 73.853(a)(1) (LPFM). See FCC Form 318, Question II(2). See, e.g., NCE Second Order, 17 FCC Rcd at 13136 (2002) (acknowledging differences between applications filed under A/B cut-off procedures and those submitted in filing windows). See id. at n.18. Conversely, applications filed during filing windows are not subject to further competing applications after the window closes. See 47 C.F.R. � 73.3522(b) (1999). See Noncommercial Educational FM Broadcast Applications, Public Notice, Rep. No. A-311 (Apr. 16, 1997). There was no ``B'' cut-off list published in this group. See Omnibus Order, 22 FCC Rcd. at 6118. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). The Media Bureau has delegated authority to make Section 307(b) determinations in NCE cases. See NCE Order, 15
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  • Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984 � 164 (1998). See 47 C.F.R. �� 73.3522, 73.3573. ) and select ``Search for Application Information.'' In the Application Search page, in ``File Number,'' enter ``200611%'' in the second box (leave the first box blank). In ``Form'' select ``Short Form'' from the pull-down menu. Enter the appropriate ``Community of License City'' and ``State.'' Finally, in ``Application Status'' select ``CP Requested'' from the pull-down menu. Then, click on ``Submit
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  • consistent with the public interest; and The applicant submits a showing that no fully-spaced or less short-spaced transmitter site is available. A unilateral facility increase up to the class maximum (or its equivalent) pursuant to Section 73.215 is permitted for WCZQ provided the minimum distance separation and contour protection requirements with respect to WIXO are satisfied. Action. Pursuant to Section 73.3522, "...an applicant whose application is found to meet the minimum filing requirements, but nevertheless is not complete and acceptable, shall have the opportunity in 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." Additionally, Section 73.3564 states that,
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  • to more than 2,000 people. If a tentative selectee's application is found unacceptable for filing, it is dismissed. The applicant then has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days, provided that the amendment is minor and does not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). A tentative selectee that is unable to cure the defect is disqualified. See 5 U.S.C. �� 702, 704, 706; 47 U.S.C. �� 309(d), 402(b), 405; 47 C.F.R. �� 1.106-08, 1.120, 73.7004. In cases that involve separate mutually exclusive groups but present common issues, the petitions or appeals may be filed jointly or may be consolidated at the discretion of the
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  • to more than 2,000 people. If a tentative selectee's application is found unacceptable for filing, it is dismissed. The applicant then has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days, provided that the amendment is minor and does not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). A tentative selectee that is unable to cure the defect is disqualified. See 5 U.S.C. �� 702, 704, 706; 47 U.S.C. �� 309(d), 402(b), 405; 47 C.F.R. �� 1.106-08, 1.120, 73.7004. In cases that involve separate mutually exclusive groups but present common issues, the petitions or appeals may be filed jointly or may be consolidated at the discretion of the
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  • to more than 2,000 people. If a tentative selectee's application is found unacceptable for filing, it is dismissed. The applicant then has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days, provided that the amendment is minor and does not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). A tentative selectee that is unable to cure the defect is disqualified. See 5 U.S.C. �� 702, 704, 706; 47 U.S.C. �� 309(d), 402(b), 405; 47 C.F.R. �� 1.106-08, 1.120, 73.7004. In cases that involve separate mutually exclusive groups but present common issues, the petitions or appeals may be filed jointly or may be consolidated at the discretion of the
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  • � 1.2109(a). 47 C.F.R. �� 1.2104(g)(2), 1.2109(a), 1.2109(c). 47 C.F.R. � 1.2109(a). 47 C.F.R. �� 1.2104(g)(2), 1.2109. 47 C.F.R. � 1.2109(d). See 47 C.F.R. � 73.5005(a). For information regarding electronic application filing, refer to ``Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See 47 C.F.R. �� 73.3522, 73.3572. 47 C.F.R. �� 1.2104(g), 1.2107(c). 47 C.F.R. � 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G: Item 10: Auction Authorization for auction-related exhibit filing requirements. 47 C.F.R. � 1.2107(d). 47 C.F.R. � 1.2110(j). 47 C.F.R. � 1.2112(a). 47 C.F.R. � 1.1910. Id.; see also
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  • to more than 2,000 people. If a tentative selectee's application is found unacceptable for filing, it is dismissed. The applicant then has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days, provided that the amendment is minor and does not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). A tentative selectee that is unable to cure the defect is disqualified. See 5 U.S.C. �� 702, 704, 706; 47 U.S.C. �� 309(d), 402(b), 405; 47 C.F.R. �� 1.106-08, 1.120, 73.7004. In cases that involve separate mutually exclusive groups but present common issues, the petitions or appeals may be filed jointly or may be consolidated at the discretion of the
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  • Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984 � 164 (1998). See 47 C.F.R. �� 73.3522, 73.3573. ) and select ``Search for Application Information.'' In the Application Search page, in ``File Number,'' enter ``200906%'' in the second box (leave the first box blank). In ``Form'' select ``Short Form'' from the pull-down menu. Enter the appropriate ``Community of License City'' and ``State.'' Finally, in ``Application Status'' select ``CP Requested'' from the pull-down menu. Then, click on ``Submit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2063A1_Rcd.pdf
  • Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315," Public Notice, 16 FCC Rcd 3989 (MMB 2001). 26See Implementation of Section 309(j) of the Communications Act �Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984 � 164 (1998). 27See47 C.F.R. �� 73.3522, 73.3573. 28To obtain the short form application file number, go to CDBS Public Access (http://svartifoss2.fcc.gov/prod/cdbs/pubacc/prod/cdbs_pa.htm) and select "Search for Application Information." In the Application Search page, in "File Number," enter "200906%" in the second box (leave the first box blank). In "Form" select "Short Form" from the pull-down menu. Enter the appropriate "Community of License City" and "State." Finally, in
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  • people than CFC's next best proposal. If a tentative selectee's application is found unacceptable for filing, it is dismissed. The applicant then has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days. The amendment must be minor and may not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). The staff will not reinstate the application of a tentative selectee that is unable to cure all defects. See 5 U.S.C. �� 702, 704, and 706; 47 U.S.C. �� 309(d), 402(b), and 405; 47 C.F.R. �� 1.106-08, 1.115, 1.120, and 73.7004. In cases that involve separate mutually exclusive groups but present common issues, the petitions or appeals may be filed
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  • Order, 15 FCC Rcd at 7420. If a tentative selectee's application is found unacceptable for filing, it is dismissed. The applicant then has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days. The amendment must be minor and may not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). The staff will not reinstate the application of a tentative selectee that is unable to cure all defects. See 5 U.S.C. �� 702, 704, and 706; 47 U.S.C. �� 309(d), 402(b), and 405; 47 C.F.R. �� 1.106-08, 1.115, 1.120, and 73.7004. In cases that involve separate mutually exclusive groups but present common issues, the petitions or appeals may be filed
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  • and to more than 2,000 people. If a tentative selectee's application is found unacceptable for filing, it is dismissed. The applicant then has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days. The amendment must be minor and may not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). The staff will not reinstate the application of a tentative selectee that is unable to cure all defects. See 5 U.S.C. �� 702, 704, and 706; 47 U.S.C. �� 309(d), 402(b), and 405; 47 C.F.R. �� 1.106-08, 1.115, 1.120, and 73.7004. In cases that involve separate mutually exclusive groups but present common issues, the petitions or appeals may be filed
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  • and to more than 2000 people. If a tentative selectee's application is found unacceptable for filing, it is dismissed. The applicant then has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days. The amendment must be minor and may not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). The staff will not reinstate the application of a tentative selectee that is unable to cure all defects. See 5 U.S.C. �� 702, 704, and 706; 47 U.S.C. �� 309(d), 402(b), and 405; 47 C.F.R. �� 1.106-08, 1.115, 1.120, and 73.7004. In cases that involve separate mutually exclusive groups but present common issues, the petitions or appeals may be filed
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  • interference created by Hampton's proposed station at Gloucester Point, Virginia. Fountain subsequently filed the instant Petition, arguing that Hampton's application was defective from the onset, that Hampton's recent efforts to cure the defect are insufficient, and that the tentative selection of the application should be rescinded. Fountain further argues that granting tentative selectee status to Hampton's Application violates Section � 73.3522(b)(2) of Rules, which requires that only applications that are acceptable for filing may be designated as tentative selectees. Finally, Fountain asserts that the Bureau has previously dismissed applications with identical defects to those present in Hampton's Application. Accordingly, it contends, the Hampton Application should be dismissed. In its Opposition, Hampton acknowledges that its original application would have caused interference to
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  • was released on November 16, 2009. In response to that Public Notice, Harvest Time filed a timely petition for reconsideration of the Application's dismissal. Discussion. In its Petition, Harvest Time does not challenge the Bureau's tentative selection of Hilltop's application. Rather, Harvest Time seeks reconsideration of its Application's dismissal, and reinstatement of the Application nunc pro tunc pursuant to Section 73.3522(b)(3) of the Commission's Rules. Harvest Time asserts that it has submitted with its Petition an ``amendment resolving all mutual exclusivities'' and maintains that the Application is now grantable as a "singleton" application. We have reviewed Harvest Time's Petition and amendment. The application, as amended, remained in conflict with six Group 507 applications. Accordingly, we reject Harvest Time's assertion. The conflicts
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  • Other Procedures for Auction 88, Public Notice, DA 10-524, 25 FCC Rcd 2942, 2982-83 �� 166-69 (WTB/MB 2010) (``Auction 88 Procedures Public Notice''). Id. 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. �� 1.2104(g)(2), 1.2109(a), 1.2109(c). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. �� 1.2104(g)(2), 1.2109. 47 C.F.R. � 1.2109(d). See 47 C.F.R. �� 73.3573(a)(1), 73.3573(f)(5)(iii), 73.3522(a)(3). See 47 C.F.R. �� 73.3522, 73.3571, 73.3573. See Section III. I., ``Application Processing and Construction Permit Grant,'' below. See 47 C.F.R. � 73.5005(a). See 47 C.F.R. �� 1.2104(g), 1.2107(c), 73.5005(c). For information regarding electronic application filing, refer to ``Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, DA 01-283, 16 FCC Rcd 3989
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  • be placed on public notice, triggering the appropriate period for the filing of petitions to deny.26 21.AM Station Winning Bidder. Prior tomidnight ET on August 30, 2010,the AM broadcast station winning bidder must submit electronically a properly completed long-form application (FCC 2147 C.F.R. �� 1.2109(a), 73.5003. 2247 C.F.R. �� 1.2104(g)(2), 1.2109. 2347 C.F.R. � 1.2109(d). 24See47 C.F.R. �� 73.3573(a)(1), 73.3573(f)(5)(iii), 73.3522(a)(3). 25See47 C.F.R. �� 73.3522, 73.3571, 73.3573. 26SeeSection III. I., "Application Processing and Construction Permit Grant," below. 10075 Form 301-AM, Application for Construction Permit for Commercial Broadcast Station), including all required exhibits, for the construction permit for which it was the winning bidder in Auction 88.27 22.All Auction 88 Winning Bidders. An applicant that fails to submit the required long-form application
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  • no numbers to verify its claim. If a tentative selectee's application is found unacceptable for filing, it is dismissed. The applicant then has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days. The amendment must be minor and may not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). The staff will not reinstate the application of a tentative selectee that is unable to cure all defects. See id. � 1.106 (a) (1). See also Patrick J. Vaughn, Esq., Letter, 22 FCC Rcd 11165 (MB 2007). See 5 U.S.C. �� 702, 704, and 706; 47 U.S.C. �� 309(d), 402(b), and 405; 47 C.F.R. �� 1.106-08, 1.115, 1.120, and 73.7004.
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  • of FCC Forms 301, 314, and 315,'' Public Notice, DA 01-283, 16 FCC Rcd 3989 (MMB 2001). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984 � 164 (1998). See 47 C.F.R. �� 73.3522, 73.3572. 47 C.F.R. � 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for auction-related exhibit filing requirements. 47 C.F.R. � 1.2107(d). 47 C.F.R. � 73.5007(a). 47 C.F.R. � 1.2112(a). 47 C.F.R. � 73.3555, Note 2(i). See also Auction 90 Procedures Public
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  • the media interests held by substantial investors in, or creditors of, an applicant claiming new entrant status.33Specifically, the attributable mass media interests held by an individual or entity with an equity and/or debt interest in an applicant are attributed to that bidder for purposes of determining its eligibility for the new entrant bidding credit, if the equity 27See47 C.F.R. �� 73.3522, 73.3572. 2847 C.F.R. � 73.5005(a). See alsoInstructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for auction-related exhibit filing requirements. 2947 C.F.R. � 1.2107(d). 3047 C.F.R. � 73.5007(a). 3147 C.F.R. � 1.2112(a). 3247 C.F.R. � 73.3555, Note 2(i). See also Auction 90 Procedures Public Notice,
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  • station at Algood, Tennessee (File No. BNPED-20071018DEH) would provide a combined first or second NCE service to 18,297 people. See 47 C.F.R. � 73.7004. See also Fair Distribution Order, 23 FCC Rcd at 18003 � 84. Public Notice at 10. Letter to Catholic Social Club of Putnam County, Tennessee, Inc., Reference 1800B3 (MB Nov. 19, 2010). See 47 C.F.R. � 73.3522(b)(1) (if any fair distribution selectee's application is determined to be 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 [fair distribution] preference.'') The amended CSC
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  • to the proposed station, that its governing documents require that such diversity be maintained, and `that it has placed documentation of its diversity qualifications in a local public file and has submitted to the Commission copies of that documentation.'''). Id. Comparative Consideration Order, 25 FCC Rcd at 8797-98, � 11. Darton Petition to Deny at 8. See 47 C.F.R. � 73.3522(b)(1) (if any fair distribution selectee's application is determined to be 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 [fair distribution] preference.''). The amended Southwest
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  • 24 FCC Rcd at 12409 n.64 (``If a tentative selectee's application is found unacceptable for filing, it is dismissed. The applicant then has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days. The amendment must be minor and may not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). The staff will not reinstate the application of a tentative selectee that is unable to cure all defects.'') 47 C.F.R. � 73.3573 describes major amendments and minor amendments to applications for construction permits for proposed NCE FM stations. Rural Radio NPRM, 24 FCC Rcd at 5249-50. Rural Radio Service and to Streamline Allotment and Assignment Procedures, First Report and Order
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  • in the Radio Broadcast Services, MB Docket No. 05-210, Report and Order, FCC 06-163, 21 FCC Rcd 14212, 14224 � 20 (2006), recon. pending. For information regarding electronic application filing, refer to ``Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, DA 01-283, 16 FCC Rcd 3989 (MMB 2001). See 47 C.F.R. �� 73.3522, 73.3573. 47 C.F.R. � 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for auction-related exhibit filing requirements. 47 C.F.R. � 1.2107(d). 47 C.F.R. � 73.5007(a). 47 C.F.R. � 1.2112(a). 47 C.F.R. � 73.3555, Note 2(i). See also Auction 91 Procedures Public
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  • License in the Radio Broadcast Services, MB Docket No. 05-210, Reportand Order, FCC 06-163, 21 FCC Rcd 14212, 14224 � 20 (2006), recon. pending . 27For information regarding electronic application filing, refer to "Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315," Public Notice, DA 01-283, 16 FCC Rcd 3989 (MMB 2001). 28See47 C.F.R. �� 73.3522, 73.3573. 7546 section 73.5005(a)29requires that post-auction long-form applications include the exhibits mandated by section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process);30section 1.2110(j) (requiring an applicant claiming bidding credit eligibility to describe how
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  • that the public interest would be better served by retention of Station KTIA-FM as a fourth transmission service at Boone, Iowa, rather than by the addition of at least the 17th local service to the Des Moines Urbanized Area. Conclusion. For the reasons discussed above, we find that Truth Broadcasting's 307(b) showing is deficient. Accordingly, pursuant to 47 C.F.R. � 73.3522(c)(2), Truth Broadcasting Corp. shall have a period of thirty (30) days from the date of this letter to correct all deficiencies in the tenderability and acceptability of the underlying application, File No. BPH-20100126AGR, including any deficiency not specifically identified by the staff. Upon the expiration of thirty (30) days from the date of this letter, any remaining uncorrected tender and/or
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  • in the Radio Broadcast Services, MB Docket No. 05-210, Report and Order, FCC 06-163, 21 FCC Rcd 14212, 14224 � 20 (2006), recon. pending. For information regarding electronic application filing, refer to ``Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, DA 01-283, 16 FCC Rcd 3989 (MMB 2001). See 47 C.F.R. �� 73.3522, 73.3573. 47 C.F.R. � 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for auction-related exhibit filing requirements. 47 C.F.R. � 1.2107(d). 47 C.F.R. � 73.5007(a). 47 C.F.R. � 1.2112(a). 47 C.F.R. �� 73.3555, Note 2, 73.5007, 73.5008. See Form 301, Section
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  • are considered attributable for purposes of the broadcast multiple ownership rules. The Commission also attributes the media interests held by substantialinvestors in, or creditors of, an 25For information regarding electronic application filing, refer to "Mass Media Bureau ImplementsMandatory Electronic Filing of FCC Forms 301, 314, and 315," Public Notice, DA 01-283, 16 FCC Rcd 3989 (MMB 2001). 26See47 C.F.R. �� 73.3522, 73.3573. 2747 C.F.R. � 73.5005(a). See alsoInstructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for auction-related exhibit filing requirements. 2847 C.F.R. � 1.2107(d). 2947 C.F.R. � 73.5007(a). 3047 C.F.R. � 1.2112(a). 3147 C.F.R. �� 73.3555, Note 2, 73.5007, 73.5008. 32SeeForm 301, Section II �Legal,
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  • A P P L I C A T I O N FILE NUMBER STATE E/P 08/23/2007 Actions of: FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , MIAMI 100.9 MHZ E OK Minor change in licensed facilities. Engineering Amendment filed 03/08/2007 Engineering Amendment filed 05/23/2007 Engineering Amendment filed 08/15/2007 Dismissed by letter pusuant to 47 CFR Section 73.3522(c)(2) on 8/23/2007 ( NORTHEAST OKLAHOMA BROADCAST NETWORK, INC. KGLC 17691 BPH-20060630AHA OK AM STATION APPLICATIONS FOR LICENSE TO COVER GRANTED , WILLIAMSBURG 740 KHZ P VA License to cover. WILLIAMSBURG'S RADIO STATION, INC. WMBG 25021 BL-20070723AFN VA AM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT GRANTED , WASHINGTON 630 KHZ E DC Mod of CP RADIO LICENSE HOLDING
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  • based for a period of four years of on-air operations, " 47 C.F.R. � 73.7005(b). However, ALM overlooks that the Commission has, through different mechanisms, imposed requirements designed to deter applicants from submitting over-ambitious and unrealistic applications and to punish those who do. Modification of pre-auction applications after auctions by winning bidders is limited. See, e.g., 47 C.F.R. �� 73.3573(f)(5)(iii), 73.3522(a)(3). A winning bidder risks being subject to withdrawal, default, and disqualification payments, see 47 C.F.R. � 1.2104(g); Auctions First Report & Order, 13 F.C.C.R. at 15,979, � 152. Applicants are required to certify in the short-form application prior to auction that they are "legally, technically, financially and otherwise qualified pursuant to section 308(b) of the Communications Act of 1934, as
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  • insofar as it specifies a third transmitter site. They urge that Liberty should not be permitted to amend to a new location when it never had reasonable assurance of a transmitter site in the first place. Willsyr relies on earlier cases rejecting for lack of good cause site amendments, where the availability of the original site was not shown. Sections 73.3522(a) and 73.3573, governing post-auction amendments, do not require that an amendment be supported by good cause and the unavailability of the original site would not, in any event, be a basis to reject a site amendment. Now that competing broadcast applications are to be resolved by competitive bidding procedures, rather than by comparative hearing, the Commission has repealed the requirement
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  • groups, we have not issued B cutoff notices. EMF further notes that under the A/B cutoff procedures that existed prior to adoption of the point system, applicants could amend as a matter of right until issuance of a ``B'' cutoff notice, and the Commission considered these amended proposals, rather than the original proposals, in comparative hearings. See 47 C.F.R. � 73.3522(b). Based on this line of reasoning, EMF believes that we should permit all types of enhancing amendments to existing applications, including technical amendments. The National Federation of Community Broadcasters argues that, with respect to changes in technical proposals, applicants should only be able to enhance their points by making changes considered ``minor'' under our rules. We have attached as Appendix
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  • groups, we have not issued B cutoff notices. EMF further notes that under the A/B cutoff procedures that existed prior to adoption of the point system, applicants could amend as a matter of right until issuance of a ``B'' cutoff notice, and the Commission considered these amended proposals, rather than the original proposals, in comparative hearings. See 47 C.F.R. � 73.3522(b). Based on this line of reasoning, EMF believes that we should permit all types of enhancing amendments to existing applications, including technical amendments. The National Federation of Community Broadcasters argues that, with respect to changes in technical proposals, applicants should only be able to enhance their points by making changes considered ``minor'' under our rules. We have attached as Appendix
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  • application was timely filed pursuant to the Public Notice, ``AM Auction Filing Window and Application Freeze,'' 14 FCC Rcd 19490 (1999). See Public Notice, ``AM Auction No. 32 Non-Mutually Exclusive Applications,'' 15 FCC Rcd 18004 (2000). File No. BNP-20001023ACZ. File No. BP-19990929ABJ. Affidavit of Donald L. Markey, P.E., attached to Star's waiver request. 47 C.F.R. � 73.3571(h). 47 C.F.R. � 73.3522(a)(3). See 47 C.F.R. � 1.3. See, e.g., Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (``WAIT Radio''). See Tucson Radio, Inc. v. F.C.C., 452 F.2d 1380, 1382 (D.C. Cir. 1971); WAIT Radio, 418 F.2d at 1157. See Public Notice, ``Mass
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  • interference protection to existing and prior proposed facilities, and that it has obtained any necessary consent letters in lieu of interference protection. The applicant must also certify that it has served all potentially affected parties with copies of its amended application and engineering materials, and that the engineering analyses comply with the rules and methodology. See 47 C.F.R. �� 21.23, 73.3522(a). Furthermore, ITFS applicants may amend applications to cure defects noted in deficiency letters to the applicant. See 47 C.F.R. � 73.3522(a). MDS BTA applicants may amend a long-form application up to the date the application has appeared on public notice as accepted for filing or by written petition demonstrating good cause if the application is already on public notice. See
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4_Erratum.doc
  • interference protection to existing and prior proposed facilities, and that it has obtained any necessary consent letters in lieu of interference protection. The applicant must also certify that it has served all potentially affected parties with copies of its amended application and engineering materials, and that the engineering analyses comply with the rules and methodology. See 47 C.F.R. �� 21.23, 73.3522(a). Furthermore, ITFS applicants may amend applications to cure defects noted in deficiency letters to the applicant. See 47 C.F.R. � 73.3522(a). MDS BTA applicants may amend a long-form application up to the date the application has appeared on public notice as accepted for filing or by written petition demonstrating good cause if the application is already on public notice. See
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  • 154(i), 154(j), 155, 225, 303(r), 309 and 325(e). 2. Section 1.65 is amended by revising paragraph (b) to read as follows: � 1.65 Substantial and significant changes in information furnished by applicants to the Commission. * * * * * b) Applications in broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 regarding the modification of their applications. * * * * * Section 1.815 is amended by deleting and reserving paragraph (c)(1). Section 1.933 is amended by adding paragraphs (c)(8) and (c)(9) to read as follows: � 1.933 Public notices. * * * * * (c) * * * (8) Broadband Radio Service; and (9) Educational Broadband Service. * * *
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  • selectee's application is found unacceptable, it is returned to the applicant. The applicant is then given one opportunity to submit a minor curative amendment, provided that the amendment is minor and that the application, as amended, has the same number of points as originally claimed, or more than the points claimed by the next highest applicant. See 47 C.F.R. � 73.3522(b)(1). See 47 C.F.R. � 73.7004. If any applicant previously raised issues against the tentative selectee, it must refile its objections within this thirty (30) day period. (continued...) Federal Communications Commission FCC 06-176 Federal Communications Commission FCC 06-176 � D E - E � � 0 0 D � d �
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  • filing, it is returned. The applicant is then given one opportunity to submit a curative amendment within the time specified in the staff letter, provided that the amendment is minor and that the application, as amended, has the same number of points as originally claimed, or more than the points claimed by the next highest applicant. See 47 C.F.R. � 73.3522(b)(2). A tentative selectee that is unable to cure the defect is disqualified, and the applicant with the next highest point tally becomes the new tentative selectee. See 47 C.F.R. � 73.7004(d). Lack of a ``B'' cut-off notice does not affect the validity of any application. The ``B'' notice served two main purposes: (1) to limit the universe of applications that
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  • antenna structure with the Commission as well as to notify the Federal Aviation Administration (FAA) pursuant to Section 17.4(a) of the Rules. On September 20, 2002, Anderson filed the requested ``Second Amendment.'' However, the amended application violated Section 73.211 of the Rules, and by letter dated November 22, 2002, Anderson was given ``one opportunity for corrective amendment pursuant to Section 73.3522(c)(2).'' On November 29, 2002, Anderson filed the corrective amendment (``Third Amendment'') specifying Class C0 facilities. 5. On September 11, 2002, BBI filed a further objection to Anderson's application, raising the arguments that are the basis for the instant appeal. BBI stated that ``a substantial question exists'' as to whether Anderson misrepresented material facts and argued that Anderson ``continuously'' violated Section
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  • stations in the same area in the future. See 47 C.F.R. � 73.7003(b)(3). Moreover, LIA does not submit any information to support its claim that it qualifies as a statewide network. If a tentative selectee's application is found unacceptable for filing, it is returned. The applicant is then given one opportunity to submit a curative amendment. See 47 C.F.R. � 73.3522(b)(2). A tentative selectee that is unable to cure the defect with a minor amendment is disqualified, and the applicant with the next highest point tally becomes the new tentative selectee. See 47 C.F.R. � 73.7004(d). See id. � 1.106 (a) (1). See also Patrick J. Vaughn, Esq., Letter, 22 FCC Rcd 11165 (MB 2007). See, e.g. Central Florida Educational Foundation,
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  • we conclude that, like Society, each would provide combined first and second NCE service to ten percent of the population within its 60 dBu contour and to more than 2,000 people. If a tentative selectee's application is found unacceptable for filing, it is returned. The applicant is then given one opportunity to submit a curative amendment. See 47 C.F.R. � 73.3522(b)(2). A tentative selectee that is unable to cure the defect with a minor amendment is disqualified, and the applicant with the next highest point tally becomes the new tentative selectee. See 47 C.F.R. � 73.7004(d). See id. � 1.106 (a) (1). See also Patrick J. Vaughn, Esq., Letter, 22 FCC Rcd 11165 (MB 2007). See, e.g. Central Florida Educational Foundation,
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  • claim a first service preference. Hi-Line's post-filing window amendment is a prohibited attempt to enhance its comparative position and will not be considered. See supra note 37. See supra note 76. If a tentative selectee's application is found unacceptable for filing, it is returned. The applicant is then given one opportunity to submit a curative amendment. See 47 C.F.R. � 73.3522(b)(2). A tentative selectee that is unable to cure the defect with a minor amendment is disqualified, and the applicant with the next highest point tally becomes the new tentative selectee. See 47 C.F.R. � 73.7004(d). See id. � 1.106 (a) (1). See also Patrick J. Vaughn, Esq., Letter, 22 FCC Rcd 11165 (MB 2007). See, e.g., Central Florida Educational Foundation,
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  • by Commission staff should only be required prior to grant); Lynch Comments at 7 (stating that applications can be subject to policy changes or revisions of international agreements which can alter the standing of Canadian or Mexican authorizations); BFIT Comments at 8 (discussing international considerations); JBB Comments at 4 ; Vir James Comments at � 9. See 47 C.F.R. �� 73.3522(c)(2) and 73.3564(a)(3). JBB Comments at 4. MEI Comments at 9 (protection of foreign stations should be evaluated only prior to grant); Lynch Comments at 7 (noting that sometimes a defect is not noted until the applications is in the processing line; proposing a two-stage procedure where applicants first file their short-form application followed by a full engineering submission after the
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  • service is 24,699 people. Thus, it would provide combined first and second NCE service to ten percent of the population within its 60 dBu contour and to more than 2,000 people. If a tentative selectee's application is found unacceptable for filing, it is returned. The applicant is then given one opportunity to submit a curative amendment. See 47 C.F.R. � 73.3522(b)(2). A tentative selectee that is unable to cure the defect with a minor amendment is disqualified, and the applicant with the next highest point tally becomes the new tentative selectee. See 47 C.F.R. � 73.7004(d). See id. � 1.106 (a) (1). See also Patrick J. Vaughn, Esq., Letter, 22 FCC Rcd 11165 (MB 2007). See, e.g. Central Florida Educational Foundation,
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  • by first-in-time applications must fully protect areas of prohibited overlap caused by defective, subsequently-filed applications. Accordingly, we reject EUSTC's argument as both untimely and meritless. We also reject EUSTC's claim that the staff's dismissal of its application prior to its being formally named as a tentative selectee deprived EUSTC of an opportunity to amend. EUSTC argues that, pursuant to Section 73.3522 of the Rules, only a formal announcement that an NCE applicant is a tentative selectee will trigger an NCE applicant's 30-day period to amend. That is incorrect. Section 73.3522(b) identifies several circumstances in which an applicant may receive one opportunity to amend if its application is found defective after selection by the staff or Commission. The Rule does not bar
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  • 73.3525(c). Petitions to deny were filed by RCCC and SDSMT against the Three Angels Application. In view of our dismissal of Three Angels Application, these petitions will be dismissed as moot. If a tentative selectee's application is found unacceptable for filing, it is returned. The applicant is then given one opportunity to submit a curative amendment. See 47 C.F.R. � 73.3522(b)(2). A tentative selectee that is unable to cure the defect with a minor amendment is disqualified, and the applicant with the next highest point tally becomes the new tentative selectee. See 47 C.F.R. � 73.7004(d). See id. � 1.106 (a) (1). See also Patrick J. Vaughn, Esq., Letter, 22 FCC Rcd 11165 (MB 2007). See, e.g., Central Florida Educational Foundation,
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  • policy, the Commission will not conduct a secondary analysis to choose additional selectees who are not mutually exclusive with a group's primary selectee. See NCE MO&O, 16 FCC Rcd at 5104-05. If a tentative selectee's application is found unacceptable for filing, it is returned. The applicant is then given one opportunity to submit a curative amendment. See 47 C.F.R. � 73.3522(b)(2). A tentative selectee that is unable to cure the defect with a minor amendment is disqualified, and the applicant with the next highest point tally becomes the new tentative selectee. See 47 C.F.R. � 73.7004(d). See id. � 1.106 (a) (1). See also Patrick J. Vaughn, Esq., Letter, 22 FCC Rcd 11165 (MB 2007). See, e.g., Central Florida Educational Foundation,
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  • Had the Commission accepted CEBM's claim of two diversity points, AWC nevertheless would have prevailed because CEBM's claimed total of two points would not exceed AWC's three-point total. Emerson's proposal to provide an aggregated first and second NCE service to a population of 121,055 exceeded by at least 5,000 people that of the next best proposal. See 47 C.F.R. � 73.3522(b). Id.; 47 C.F.R. � 1.65(a). See Media Bureau Provides Guidance to NCE FM Stations Regarding Television Channel 6 Protection Requirements, 24 FCC Rcd 3916 (2009). See Media Bureau Establishes October 29, 2009, Initial Filing Date for Acceptance of Certain Noncommercial Educational FM Station Minor Change Applications, Public Notice, 24 FCC Rcd 12598 (2009). See John Joseph McVeigh, Letter, Ref, 1800B3-SS
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  • (B) Engineering showings of predicted interference may also be submitted to justify the need for displacement relief. (v) Provided further, that the FCC may, within 15 days after acceptance of any other application for modification of facilities, advise the applicant that such application is considered to be one for a major change and therefore subject to the provisions of Sections. 73.3522, 73.3580, and 1.1111 of this chapter pertaining to major changes. Such major modification applications filed for Class A TV, low power TV, TV translator, TV booster stations, and for a non-reserved television allotment, are subject to competitive bidding procedures and will be dismissed if filed outside a specified filing period. See 47 CFR 73.5002(a). (b) * * * A new
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  • adding a new paragraph (d) to read as follows: � 73.1150 Transferring a station ***** (d) Authorizations awarded pursuant to the noncommercial educational point system in Subpart K are subject to the holding period in Section 73.7005. Applications for an assignment or transfer filed prior to the end of the holding period must demonstrate the factors enumerated therein. 9. Section 73.3522 is amended to revise paragraph (b) to read as follows: � 73.3522 Amendment of applications ***** (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 Sections 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and Section 1.65. Unauthorized or untimely
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  • groups, we have not issued B cutoff notices. EMF further notes that under the A/B cutoff procedures that existed prior to adoption of the point system, applicants could amend as a matter of right until issuance of a ``B'' cutoff notice, and the Commission considered these amended proposals, rather than the original proposals, in comparative hearings. See 47 C.F.R. � 73.3522(b). Based on this line of reasoning, EMF believes that we should permit all types of enhancing amendments to existing applications, including technical amendments. The National Federation of Community Broadcasters argues that, with respect to changes in technical proposals, applicants should only be able to enhance their points by making changes considered ``minor'' under our rules. We have attached as Appendix
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.txt
  • groups, we have not issued B cutoff notices. EMF further notes that under the A/B cutoff procedures that existed prior to adoption of the point system, applicants could amend as a matter of right until issuance of a ``B'' cutoff notice, and the Commission considered these amended proposals, rather than the original proposals, in comparative hearings. See 47 C.F.R. � 73.3522(b). Based on this line of reasoning, EMF believes that we should permit all types of enhancing amendments to existing applications, including technical amendments. The National Federation of Community Broadcasters argues that, with respect to changes in technical proposals, applicants should only be able to enhance their points by making changes considered ``minor'' under our rules. We have attached as Appendix
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • of copies. [596]TEXT [597]PDF 73.3513 Signing of applications. [598]TEXT [599]PDF 73.3514 Content of applications. [600]TEXT [601]PDF 73.3516 Specification of facilities. [602]TEXT [603]PDF 73.3517 Contingent applications. [604]TEXT [605]PDF 73.3518 Inconsistent or conflicting applications. [606]TEXT [607]PDF 73.3519 Repetitious applications. [608]TEXT [609]PDF 73.3520 Multiple applications. [610]TEXT [611]PDF 73.3521 Mutually exclusive applications for low power television, television translators and television booster stations. [612]TEXT [613]PDF 73.3522 Amendment of applications. [614]TEXT [615]PDF 73.3523 Dismissal of applications in renewal proceedings. [616]TEXT [617]PDF 73.3525 Agreements for removing application conflicts. [618]TEXT [619]PDF 73.3526 Local public inspection file of commercial stations. [620]TEXT [621]PDF 73.3527 Local public inspection file of noncommercial educational stations. [622]TEXT [623]PDF 73.3533 Application for construction permit or modification of construction permit. [624]TEXT [625]PDF 73.3536 Application for license to
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  • the number, and the timing of filing, of curative amendments. The Notice, 12 FCC Rcd at 22395 (� 78), indicated that such changes would affect the rules for amending applications for all auctionable broadcast services, and would specifically eliminate the tenderability criteria and two-tiered minimum filing requirements currently in effect for Federal Communications Commission FCC 98-194 See 47 C.F.R. �� 73.3522; 73.3525; 73.3564. 190 By contrast, the Commission designed the strict "hard-look" processing approach for commercial FM applicants to, inter 191 alia, provide the staff with a mechanism to handle the dramatic increase in applications expected from the allocation of 689 new FM channels pursuant to Docket 80-90. See Report and Order, MM Docket No. 84-750, 50 Fed. Reg. 19936 (May
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  • the number, and the timing of filing, of curative amendments. The Notice, 12 FCC Rcd at 22395 (� 78), indicated that such changes would affect the rules for amending applications for all auctionable broadcast services, and would specifically eliminate the tenderability criteria and two-tiered minimum filing requirements currently in effect for Federal Communications Commission FCC 98-194 See 47 C.F.R. �� 73.3522; 73.3525; 73.3564. 190 By contrast, the Commission designed the strict "hard-look" processing approach for commercial FM applicants to, inter 191 alia, provide the staff with a mechanism to handle the dramatic increase in applications expected from the allocation of 689 new FM channels pursuant to Docket 80-90. See Report and Order, MM Docket No. 84-750, 50 Fed. Reg. 19936 (May
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  • 47 C.F.R. � 5.207 (applicants for a pioneer's preference may submit an "acceptable" showing of technical feasibility); 47 C.F.R. � 15.117(c)(Note)(discussing "acceptable" television tuning mechanisms); 47 C.F.R. � 68.318(b)(1)(establishing minimum "acceptable" standards for certain terminal equipment); 47 C.F.R. � 73.702(g)(Note)(although FCC prefers field strengths equal to or greater than IFRB standards, lesser field strengths will be "acceptable"); 47 C.F.R. � 73.3522(a)(6)(applicant whose application is not "acceptable" for filing granted opportunity to correct deficiencies). Further, there is no evidence that Congress knew about or considered any of these uses of the word "acceptable" when it drafted the Telecommuni- cations Act. 8 private sector." No such requirement was imposed upon the industry in its development of guidelines, which shows that Congress did not
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  • (B) Engineering showings of predicted interference may also be submitted to justify the need for displacement relief. (v) Provided further, that the FCC may, within 15 days after acceptance of any other application for modification of facilities, advise the applicant that such application is considered to be one for a major change and therefore subject to the provisions of Sections. 73.3522, 73.3580, and 1.1111 of this chapter pertaining to major changes. Such major modification applications filed for Class A TV, low power TV, TV translator, TV booster stations, and for a non-reserved television allotment, are subject to competitive bidding procedures and will be dismissed if filed outside a specified filing period. See 47 CFR 73.5002(a). (b) * * * A new
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.txt
  • adding a new paragraph (d) to read as follows: � 73.1150 Transferring a station ***** (d) Authorizations awarded pursuant to the noncommercial educational point system in Subpart K are subject to the holding period in Section 73.7005. Applications for an assignment or transfer filed prior to the end of the holding period must demonstrate the factors enumerated therein. 9. Section 73.3522 is amended to revise paragraph (b) to read as follows: � 73.3522 Amendment of applications ***** (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 Sections 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and Section 1.65. Unauthorized or untimely
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00149.doc
  • technical proposal. Attached thereto is an agreement reflecting that the Observatory does not object to the substitution of channel 19. In support of channel 19, Joint Petitioners assert that the proposed substitution complies with both the analog table of television allotments and the digital table of television allotments, that the amendment is supported by good cause, as required by Section 73.3522(b) of the rules, 47 C.F.R. � 73.3522(b), and that the Commission has authority to order the channel change on its own motion. They accordingly ask the Commission to issue an Order to Show Cause why the channel petitioners applied for should not be modified to specify channel 19. Without indicating whether they would prefer channel 19 or channel 64, petitioners
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  • groups, we have not issued B cutoff notices. EMF further notes that under the A/B cutoff procedures that existed prior to adoption of the point system, applicants could amend as a matter of right until issuance of a ``B'' cutoff notice, and the Commission considered these amended proposals, rather than the original proposals, in comparative hearings. See 47 C.F.R. � 73.3522(b). Based on this line of reasoning, EMF believes that we should permit all types of enhancing amendments to existing applications, including technical amendments. The National Federation of Community Broadcasters argues that, with respect to changes in technical proposals, applicants should only be able to enhance their points by making changes considered ``minor'' under our rules. We have attached as Appendix
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.txt
  • groups, we have not issued B cutoff notices. EMF further notes that under the A/B cutoff procedures that existed prior to adoption of the point system, applicants could amend as a matter of right until issuance of a ``B'' cutoff notice, and the Commission considered these amended proposals, rather than the original proposals, in comparative hearings. See 47 C.F.R. � 73.3522(b). Based on this line of reasoning, EMF believes that we should permit all types of enhancing amendments to existing applications, including technical amendments. The National Federation of Community Broadcasters argues that, with respect to changes in technical proposals, applicants should only be able to enhance their points by making changes considered ``minor'' under our rules. We have attached as Appendix
• http://www.fcc.gov/fcc-bin/audio/DA-07-1935A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1935A1.pdf
  • be relied upon to operate the proposed Pinetop facility in accordance with its authorization and our rules. March 13, 1996, Amendment. Finally, Navajo argues that Konopnicki's March 13, 1996, amendment must be dismissed because as it was filed more than 30 days after the application was accepted for tender and because it lacked a good cause showing pursuant to Section 73.3522(a)(6) of the Rules. Again, we disagree. Pursuant to the Commission's rule making proceeding modifying the strict ``hard look'' approach to applications processing, commercial FM applicants whose filings would otherwise be dismissed were afforded additional opportunities to correct perceived application deficiencies. Specifically, after an initial 30-day amendment as-of-right period, there is a second stage during which, in response to another 30-day
• http://www.fcc.gov/fcc-bin/audio/DA-07-4136A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4136A1.pdf
  • the remand posture of Oregon's application when it established the point system and applied it to Oregon. See Omnibus Order, 22 FCC Rcd at 6115, n.84; NCE MO&O, 16 FCC Rcd at 5128, App. D(3). See Petition at 8-11; Reply to Opposition at 4-5. See Petition at 14 - 20. See Reply to Opposition at 3 (citing 47 C.F.R. �� 73.3522 and 73.3573). See Opposition at 7. 47 C.F.R. � 1.65. See Opposition at 9. The Research Foundation argues that the University Foundation currently has a forty percent ownership interest in the Research Foundation through shared board members. Id., n.2. For this reason, we need not address the Research Foundation's request for any necessary waiver to reflect the University Foundation's retention
• http://www.fcc.gov/fcc-bin/audio/DA-07-4328A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4328A1.pdf
  • Auction Filing Window; Minor Modification Application Freeze, Public Notice, 20 FCC Rcd 10563 (MB/WTB 2005). See Auction No. 84 Filing Window Public Notice. Id., 18 FCC Rcd at 23018. 47 C.F.R. � 1.2105(b)(2). Id.; see also 47 C.F.R. � 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of �� 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''). Auction No. 84 Filing Window Public Notice, 18 FCC Rcd at 23021 (emphasis added); see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures; Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use - 4660-4685 MHz, Third Report and Order and Second Further Notice of
• http://www.fcc.gov/fcc-bin/audio/DA-07-4389A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4389A1.pdf
  • (NCE), 73.853(a)(1) (LPFM). See FCC Form 318, Question II(2). See, e.g., NCE Second Order, 17 FCC Rcd at 13136 (2002) (acknowledging differences between applications filed under A/B cut-off procedures and those submitted in filing windows). See id. at n.18. Conversely, applications filed during filing windows are not subject to further competing applications after the window closes. See 47 C.F.R. � 73.3522(b) (1999). See Noncommercial Educational FM Broadcast Applications, Public Notice, Rep. No. A-311 (Apr. 16, 1997). There was no ``B'' cut-off list published in this group. See Omnibus Order, 22 FCC Rcd. at 6118. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). The Media Bureau has delegated authority to make Section 307(b) determinations in NCE cases. See NCE Order, 15
• http://www.fcc.gov/fcc-bin/audio/DA-08-1467A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1467A1.pdf
  • to more than 2,000 people. If a tentative selectee's application is found unacceptable for filing, it is dismissed. The applicant then has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days, provided that the amendment is minor and does not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). A tentative selectee that is unable to cure the defect is disqualified. See 5 U.S.C. �� 702, 704, 706; 47 U.S.C. �� 309(d), 402(b), 405; 47 C.F.R. �� 1.106-08, 1.120, 73.7004. In cases that involve separate mutually exclusive groups but present common issues, the petitions or appeals may be filed jointly or may be consolidated at the discretion of the
• http://www.fcc.gov/fcc-bin/audio/DA-09-2172A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2172A1.pdf
  • people than CFC's next best proposal. If a tentative selectee's application is found unacceptable for filing, it is dismissed. The applicant then has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days. The amendment must be minor and may not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). The staff will not reinstate the application of a tentative selectee that is unable to cure all defects. See 5 U.S.C. �� 702, 704, and 706; 47 U.S.C. �� 309(d), 402(b), and 405; 47 C.F.R. �� 1.106-08, 1.115, 1.120, and 73.7004. In cases that involve separate mutually exclusive groups but present common issues, the petitions or appeals may be filed
• http://www.fcc.gov/fcc-bin/audio/DA-09-2596A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2596A1.pdf
  • and to more than 2,000 people. If a tentative selectee's application is found unacceptable for filing, it is dismissed. The applicant then has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days. The amendment must be minor and may not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). The staff will not reinstate the application of a tentative selectee that is unable to cure all defects. See 5 U.S.C. �� 702, 704, and 706; 47 U.S.C. �� 309(d), 402(b), and 405; 47 C.F.R. �� 1.106-08, 1.115, 1.120, and 73.7004. In cases that involve separate mutually exclusive groups but present common issues, the petitions or appeals may be filed
• http://www.fcc.gov/fcc-bin/audio/DA-09-735A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-735A1.pdf
  • and to more than 2000 people. If a tentative selectee's application is found unacceptable for filing, it is dismissed. The applicant then has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days. The amendment must be minor and may not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). The staff will not reinstate the application of a tentative selectee that is unable to cure all defects. See 5 U.S.C. �� 702, 704, and 706; 47 U.S.C. �� 309(d), 402(b), and 405; 47 C.F.R. �� 1.106-08, 1.115, 1.120, and 73.7004. In cases that involve separate mutually exclusive groups but present common issues, the petitions or appeals may be filed
• http://www.fcc.gov/fcc-bin/audio/DA-10-1046A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1046A1.pdf
  • interference created by Hampton's proposed station at Gloucester Point, Virginia. Fountain subsequently filed the instant Petition, arguing that Hampton's application was defective from the onset, that Hampton's recent efforts to cure the defect are insufficient, and that the tentative selection of the application should be rescinded. Fountain further argues that granting tentative selectee status to Hampton's Application violates Section � 73.3522(b)(2) of Rules, which requires that only applications that are acceptable for filing may be designated as tentative selectees. Finally, Fountain asserts that the Bureau has previously dismissed applications with identical defects to those present in Hampton's Application. Accordingly, it contends, the Hampton Application should be dismissed. In its Opposition, Hampton acknowledges that its original application would have caused interference to
• http://www.fcc.gov/fcc-bin/audio/DA-10-1240A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1240A1.pdf
  • was released on November 16, 2009. In response to that Public Notice, Harvest Time filed a timely petition for reconsideration of the Application's dismissal. Discussion. In its Petition, Harvest Time does not challenge the Bureau's tentative selection of Hilltop's application. Rather, Harvest Time seeks reconsideration of its Application's dismissal, and reinstatement of the Application nunc pro tunc pursuant to Section 73.3522(b)(3) of the Commission's Rules. Harvest Time asserts that it has submitted with its Petition an ``amendment resolving all mutual exclusivities'' and maintains that the Application is now grantable as a "singleton" application. We have reviewed Harvest Time's Petition and amendment. The application, as amended, remained in conflict with six Group 507 applications. Accordingly, we reject Harvest Time's assertion. The conflicts
• http://www.fcc.gov/fcc-bin/audio/DA-11-600A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-600A1.pdf
  • station at Algood, Tennessee (File No. BNPED-20071018DEH) would provide a combined first or second NCE service to 18,297 people. See 47 C.F.R. � 73.7004. See also Fair Distribution Order, 23 FCC Rcd at 18003 � 84. Public Notice at 10. Letter to Catholic Social Club of Putnam County, Tennessee, Inc., Reference 1800B3 (MB Nov. 19, 2010). See 47 C.F.R. � 73.3522(b)(1) (if any fair distribution selectee's application is determined to be 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 [fair distribution] preference.'') The amended CSC
• http://www.fcc.gov/fcc-bin/audio/DA-11-709A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-709A1.pdf
  • to the proposed station, that its governing documents require that such diversity be maintained, and `that it has placed documentation of its diversity qualifications in a local public file and has submitted to the Commission copies of that documentation.'''). Id. Comparative Consideration Order, 25 FCC Rcd at 8797-98, � 11. Darton Petition to Deny at 8. See 47 C.F.R. � 73.3522(b)(1) (if any fair distribution selectee's application is determined to be 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 [fair distribution] preference.''). The amended Southwest
• http://www.fcc.gov/fcc-bin/audio/DA-11-735A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-735A1.pdf
  • 24 FCC Rcd at 12409 n.64 (``If a tentative selectee's application is found unacceptable for filing, it is dismissed. The applicant then has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days. The amendment must be minor and may not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). The staff will not reinstate the application of a tentative selectee that is unable to cure all defects.'') 47 C.F.R. � 73.3573 describes major amendments and minor amendments to applications for construction permits for proposed NCE FM stations. Rural Radio NPRM, 24 FCC Rcd at 5249-50. Rural Radio Service and to Streamline Allotment and Assignment Procedures, First Report and Order
• http://www.fcc.gov/fcc-bin/audio/DA-12-20A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-20A1.pdf
  • that the public interest would be better served by retention of Station KTIA-FM as a fourth transmission service at Boone, Iowa, rather than by the addition of at least the 17th local service to the Des Moines Urbanized Area. Conclusion. For the reasons discussed above, we find that Truth Broadcasting's 307(b) showing is deficient. Accordingly, pursuant to 47 C.F.R. � 73.3522(c)(2), Truth Broadcasting Corp. shall have a period of thirty (30) days from the date of this letter to correct all deficiencies in the tenderability and acceptability of the underlying application, File No. BPH-20100126AGR, including any deficiency not specifically identified by the staff. Upon the expiration of thirty (30) days from the date of this letter, any remaining uncorrected tender and/or
• http://www.fcc.gov/fcc-bin/audio/DOC-225693A1.doc http://www.fcc.gov/fcc-bin/audio/DOC-225693A1.pdf http://www.fcc.gov/fcc-bin/audio/DOC-225693A1.txt
  • values given in the application (ranging from 39.7 to 45.0 meters) are sufficiently close to the 50 meter average assumed in the construction of the standard contour prediction method. No other justification was provided. On the basis of the information provided, we cannot conclude that use of a supplemental showing is warranted in this instance. Pursuant to 47 C.F.R. � 73.3522(a)(6), "an applicant whose application is found to meet the minimum filing requirements but nevertheless is not complete and acceptable shall have the opportunity in the 30-day period specified in the 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." Additionally, 47 C.F.R. Section 73.3564(a)
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  • adding a new paragraph (d) to read as follows: � 73.1150 Transferring a station ***** (d) Authorizations awarded pursuant to the noncommercial educational point system in Subpart K are subject to the holding period in Section 73.7005. Applications for an assignment or transfer filed prior to the end of the holding period must demonstrate the factors enumerated therein. 9. Section 73.3522 is amended to revise paragraph (b) to read as follows: � 73.3522 Amendment of applications ***** (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 Sections 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and Section 1.65. Unauthorized or untimely
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  • selectee's application is found unacceptable, it is returned to the applicant. The applicant is then given one opportunity to submit a minor curative amendment, provided that the amendment is minor and that the application, as amended, has the same number of points as originally claimed, or more than the points claimed by the next highest applicant. See 47 C.F.R. � 73.3522(b)(1). See 47 C.F.R. � 73.7004. If any applicant previously raised issues against the tentative selectee, it must refile its objections within this thirty (30) day period. (continued...) Federal Communications Commission FCC 06-176 Federal Communications Commission FCC 06-176 � D E - E � � 0 0 D � d �
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  • filing, it is returned. The applicant is then given one opportunity to submit a curative amendment within the time specified in the staff letter, provided that the amendment is minor and that the application, as amended, has the same number of points as originally claimed, or more than the points claimed by the next highest applicant. See 47 C.F.R. � 73.3522(b)(2). A tentative selectee that is unable to cure the defect is disqualified, and the applicant with the next highest point tally becomes the new tentative selectee. See 47 C.F.R. � 73.7004(d). Lack of a ``B'' cut-off notice does not affect the validity of any application. The ``B'' notice served two main purposes: (1) to limit the universe of applications that
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • of copies. [596]TEXT [597]PDF 73.3513 Signing of applications. [598]TEXT [599]PDF 73.3514 Content of applications. [600]TEXT [601]PDF 73.3516 Specification of facilities. [602]TEXT [603]PDF 73.3517 Contingent applications. [604]TEXT [605]PDF 73.3518 Inconsistent or conflicting applications. [606]TEXT [607]PDF 73.3519 Repetitious applications. [608]TEXT [609]PDF 73.3520 Multiple applications. [610]TEXT [611]PDF 73.3521 Mutually exclusive applications for low power television, television translators and television booster stations. [612]TEXT [613]PDF 73.3522 Amendment of applications. [614]TEXT [615]PDF 73.3523 Dismissal of applications in renewal proceedings. [616]TEXT [617]PDF 73.3525 Agreements for removing application conflicts. [618]TEXT [619]PDF 73.3526 Local public inspection file of commercial stations. [620]TEXT [621]PDF 73.3527 Local public inspection file of noncommercial educational stations. [622]TEXT [623]PDF 73.3533 Application for construction permit or modification of construction permit. [624]TEXT [625]PDF 73.3536 Application for license to
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • of copies. [549]TEXT [550]PDF 73.3513 Signing of applications. [551]TEXT [552]PDF 73.3514 Content of applications. [553]TEXT [554]PDF 73.3516 Specification of facilities. [555]TEXT [556]PDF 73.3517 Contingent applications. [557]TEXT [558]PDF 73.3518 Inconsistent or conflicting applications. [559]TEXT [560]PDF 73.3519 Repetitious applications. [561]TEXT [562]PDF 73.3520 Multiple applications. [563]TEXT [564]PDF 73.3521 Mutually exclusive applications for low power television, television translators and television booster stations. [565]TEXT [566]PDF 73.3522 Amendment of applications. [567]TEXT [568]PDF 73.3523 Dismissal of applications in renewal proceedings. [569]TEXT [570]PDF 73.3525 Agreements for removing application conflicts. [571]TEXT [572]PDF 73.3526 Local public inspection file of commercial stations. [573]TEXT [574]PDF 73.3527 Local public inspection file of noncommercial educational stations. [575]TEXT [576]PDF 73.3533 Application for construction permit or modification of construction permit. [577]TEXT [578]PDF 73.3536 Application for license to
• http://www.fcc.gov/ogc/documents/opinions/1997/mission.html http://www.fcc.gov/ogc/documents/opinions/1997/mission.wp
  • Amendment policy Solar's second argument is that the Commission erred in not allowing it to amend its certification in 1990 by introducing a newly-obtained bank letter as evidence of its financial qualification. Under the Commission's rules, once an application has been designated for hearing it may be amended "only upon a showing of good cause for late filing." 47 C.F.R. 73.3522(b). Since adopting its financial certification procedure in 1981 the FCC has generally required that an applicant "demonstrate that it had a reasonable assurance of financing at the time that it made its initial certification" before it will be permitted to amend its application. Pontchartrain Broadcasting Co. v. FCC, 15 F.3d 183, 184 (D.C. Cir. 1994). Solar argues that this policy
• http://www.fcc.gov/ogc/documents/opinions/1998/jelks.html http://www.fcc.gov/ogc/documents/opinions/1998/jelks.wp
  • Gonzales Broad., Inc., 12 F.C.C. Rcd 12,253, 12,259 (1997). At the same time, the Commission approved a settlement among the remaining applicants and, pursuant thereto, granted the application of intervenor Gonzales Broadcasting, Inc. See id. at 12,260.[ ] FCC rules provide that an application may be amended as of right before the application is designated for hearing, see 47 C.F.R. 73.3522(a), and, in comparative broadcasting cases, within thirty days after the application has been designated for hearing if the amendment relates to issues first raised in the designation order, see 47 C.F.R. 73.3522(b)(2). Thereafter, the agency will consider amendments "only upon a showing of good cause for late filing." 47 C.F.R. 73.3522(b)(1).[2]^(2) In an apparent effort to avoid the consequences of