FCC Web Documents citing 73.3564

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

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  • is defective and should have been dismissed, and we do so in this proceeding. Although Patrick signed the cover letter, Patrick's application failed to include Section VII, entitled ``Certifications,'' which must be signed by an authorized officer of the licensee. This failure constitutes a ``Tier One'' minimum filing requirement defect and thus the application was subject to return under Section 73.3564 (a)(2). We also agree with petitioner that Patrick's failure to respond to the Order to Show Cause constrains our action here to the substitution of Channel 230A for 232A and the deletion of Channel 230C3 at Bastrop. Although Patrick expressed an intention to effectuate its upgrade to Channel 230C3 by filing its application for Channel 230C3 at Bastrop, it was
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  • to the Media Bureau for necessary action. If the application is granted, the formal authorization is issued. In any case where it is recommended that the application be set for hearing, where a novel question of policy is presented, or where the Chief, Media Bureau desires instructions from the Commission, the matter is placed on the Commission agenda. ***** Section 73.3564 is amended by revising paragraph (a)(1) to read as follows: § 73.3564 Acceptance of applications. (a)(1) Applications tendered for filing are dated upon receipt and then forwarded to the Media Bureau, where an administrative examination is made to ascertain whether the applications are complete. Except for applications for minor modifications of facilities in the non-reserved FM band, as defined in
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  • the Commission's Rules. Clear Channel was afforded one opportunity to amend its application, and the corrective amendment was due no later than 30 days after May 12, 2003. Because the staff had not received any response or amendment by June 30, 2003, the staff dismissed Clear Channel's application for Station WWDG(FM) with no further opportunity for amendment, pursuant to Section 73.3564 of the Rules, by letter dated June 30, 2003. The dismissal became administratively final on August 4, 2003. In this light, Clear Channel's petition for reconsideration of our Report and Order has been rendered moot. 3. Accordingly, IT IS ORDERED That the petition for reconsideration of the Report and Order in this proceeding filed by Clear Channel Broadcasting Licenses, Inc.
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  • . . 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, Section 73.3564 states that, "applications with uncorrected tender and/or acceptance defects remaining after the opportunity for corrective amendment will be dismissed with no further opportunity for corrective amendments.'' The January 3, 2005 letter provided Press 30 days to submit a corrective amendment pursuant to Section 73.3522(a)(6). Application BPH-20040609ABI remains in violation of Section 73.207, is unacceptable for filing after the one opportunity
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  • response, Konopnicki checked neither the box labeled ``Yes'' nor ``No.'' Instead, he responded ``N/A.'' Third, if the previous answer is ``Yes,'' Form 301 directs the applicant to attach an exhibit demonstrating that ownership of the proposed and existing stations would be consistent with the multiple ownership rule. Again, Konopnicki responded, ``N/A.'' See 47 C.F.R. § 73.3514(a). See 47 C.F.R. § 73.3564(a). Navajo points out that Konopnicki's Engineering Statement specifies a radiation center above ground at 49.5 meters (at page 7), whereas 47.5 meters is specified on page 19 of Form 301. Konopnicki characterizes the discrepancy as a ``typographical error'' which is corrected in the March 13, 1996 amendment. The Commission subsequently revised its public file rule, 47 C.F.R. § 73.3526. The
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  • apply for a suitable replacement channel in the same area without being subject to competing applications.'' Sixth Report and Order in MM Docket No. 87-268, 12 FCC Rcd 14588, 14652 (1997) (emphasis added). See also Reallocation of Television Channels 60-69, the 746-806 MHz Band, 13 FCC Rcd 21578, 21583 (1998). See 47 C.F. R. § 74.735 (a)(2). 47 C.F.R. § 73.3564. 47 C.F.R. § 73.3572(a)(4)(v). The Commission has imposed geographic restrictions on the filing of new station and major change applications, only permitting applications that specify transmitter sites located more than 121 kilometers (75 miles) from the reference coordinates of highly populated cities, such as Chicago. See Public Notice, Scheduling of Limited Low Power Television/Television Translator/Class A Television Auction Filing Window
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  • 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, "[a]pplications with uncorrected tender and/or acceptance defects remaining after the opportunity for corrective amendment will be dismissed with no further opportunity for amendment." See Appendix B in the Report and Order in MM Docket No. 91-347. This letter constitutes the one opportunity for corrective amendment pursuant to Section 73.3522. Further action on the subject applications will be withheld
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  • 1, 2008, four days after the DKJJL(AM) construction permit had expired, Cutforth filed the subject Application for covering license. The Application failed to comply with Conditions 1 and 3 on the construction permit, in that it did not contain the daytime full proof of performance or the other required exhibits. Accordingly, on November 17, 2008, the staff, pursuant to Section 73.3564 of the Rules, issued a deficiency letter to Cutforth identifying these defects and providing 30 days to file a curative amendment. Upon receipt of the deficiency letter, on December 11, 2008, Cutforth filed: (1) a letter requesting additional time to provide the documentation requested; and (2) the STA Request which, because the DKJJL(AM) permit had expired, seeks authority to operate
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  • coordinates would have constituted an impermissible ``major change.'' Conversely, the defects contained the New Bohemia Application - namely, that it was signed by a corporate director (rather than officer), and that the date of the certification of the technical section postdated the applicant's certification - were minor. We further reject Plus' assertion that the Commission's acceptability criteria are unclear. Section 73.3564 of the Rules clearly sets forth the Commission's acceptability criteria. Moreover, it is well-settled that information in the Tech Box supersedes inconsistent data elsewhere in an application. CONCLUSION. Accordingly, IT IS ORDERED that the March 12, 2009, Petition for Reconsideration and the March 25, 2009, Petition for Reconsideration, or, in the Alternative, Application for Review, filed by Plus Charities, ARE
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  • a defect that cannot be cured). See also 47 C.F.R. §73.3566(a) (``Applications which are determined to be patently not in accordance with the FCC rules, regulations, or other requirements, unless accompanied by an appropriate request for waiver, will be considered defective and will not be accepted for filing or if inadvertently accepted for filing will be dismissed.''); 47 C.F.R. § 73.3564(b) (``Acceptance of an application for filing merely means that it has been the subject of a preliminary review by the FCC's administrative staff as to completeness. Such acceptance will not preclude the subsequent dismissal of the application if it is found to be patently not in accordance with the FCC's rules.''). We believe that Allied also has made a prima
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  • Order in MM Docket No. 92-159, 8 FCC Rcd 4735, 4737 n. 18 (1993) (amendments to the FM Table of Allotments to reflect one-step upgrades in class treated as minor and non-controversial). Pursuant to the Commission's processing procedures for commercial FM broadcast applications, construction permit applicants will be given one opportunity to correct any acceptability defects. See 47 C.F.R. § 73.3564(a); Amendment of Part 73 of the Commission's Rules to Modify Processing Procedures for Commercial FM Broadcast Applications, Report and Order in MM Docket No. 91-347 (1992). We recognize that, under the Commission's first-come, first-served filing procedures, triggering applicants may lose priority rights to spectrum made available by automatic reclassification as a result of dismissal of their applications. Nevertheless, we believe
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  • seq. See footnote 8, supra. 5 U.S.C. § 552a; see Privacy Act System of Records, 65 Fed. Reg. 18103 (Apr. 6, 2000) (CORES); see also Privacy Act System of Records, 65 Fed. Reg. 18105 (Apr. 6, 2000) (RAMIS). 47 C.F.R. §§ 1.1109, 1.1112, 1.1116. 47 C.F.R. §§ 1.1157, 1.1164. 47 C.F.R. § 1.764. E.g., 47 C.F.R. §§ 5.65(a); 25.112(a)(1); 25.527; 73.3564(a)(1); and 78.20(a). Compare 47 C.F.R. § 1.1113 with 47 C.F.R. § 1.1108. See 47 C.F.R. § 61.13, et seq. (tariff publications filed electronically through ETFS); 47 C.F.R. §§ 61.1, et seq. (publications filed on paper or diskette). See 47 U.S.C. §§ 203(b) (maximum 120 days notice), 204(a)(3) (seven or fifteen days' notice for local exchange carriers), and 226(h)(1)(A) (``changes in
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  • (Guidelines for Completion of FCC Forms and Exhibits), 14 FCC Rcd at 10697. See First Report and Order, 13 FCC Rcd at 15976-47 ¶ 146 (``After reviewing the short-form applications, the Bureaus will issue a public notice listing all applications containing minor defects, and applicants will be given an opportunity to cure and resubmit defective applications''). See 47 C.F.R. § 73.3564, providing that the acceptance for filing of an application does not preclude its subsequent dismissal, if it is later found to be patently in conflict with the Commission's rules. The declaration is dated November 24, 1999 and is attached to Liberty's November 26, 1999 Opposition to BFBFM's Motion to Enlarge Issues. See Public Notice, 14 FCC Rcd at 10698 (``[O]wnership
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  • contends that the staff must accept a license application if it is filed on the proper form, properly signed by the applicant, includes an engineering report, and is accompanied by the appropriate filing fee. Aerco also argues that the dismissal of an application as defective without providing the applicant an opportunity to correct the deficiencies is in conflict with Section 73.3564 of the Commission's rules. 6. Aerco's contentions are meritless. Section 73.3564 directs the staff to issue deficiency letters only in the case of ``minor'' application defects as to ``completeness.'' In contrast, the submitted license application describes fundamentally different facilities constructed at a different site than those specified in the underlying construction permit. In these circumstances we reject as frivolous Aerco's
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  • will consist of the electronic equivalent of the typed name of the individual. See Report and Order in MM Docket No. 98- 43, 13 FCC Rcd 23056, 23064 (1998). G. The licensee should provide all information requested by this form. Defective or incomplete forms will not be accepted. Inadvertently accepted forms are also subject to dismissal. See 47 C.F.R. § 73.3564(b). INSTRUCTIONS FOR SECTION I: GENERAL INFORMATION Licensee/Permittee Information. 1. Item 1: Licensee or Permittee Name. The name of the licensee or permittee must be stated exactly in Item 1. If the licensee is a corporation, the exact corporate name; if a partnership, the name under which the partnership does business; if an unincorporated association, the name of an executive officer,
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  • will consist of the electronic equivalent of the typed name of the individual. See Report and Order in MM Docket No. 98- 43, 13 FCC Rcd 23056, 23064 (1998). G. The licensee should provide all information requested by this form. Defective or incomplete forms will not be accepted. Inadvertently accepted forms are also subject to dismissal. See 47 C.F.R. § 73.3564(b). INSTRUCTIONS FOR SECTION I: GENERAL INFORMATION Licensee/Permittee Information. 1. Item 1: Licensee or Permittee Name. The name of the licensee or permittee must be stated exactly in Item 1. If the licensee is a corporation, the exact corporate name; if a partnership, the name under which the partnership does business; if an unincorporated association, the name of an executive officer,
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  • will consist of the electronic equivalent of the typed name of the individual. See Report and Order in MM Docket No. 98- 43, 13 FCC Rcd 23056, 23064 (1998). G. The licensee should provide all information requested by this form. Defective or incomplete forms will not be accepted. Inadvertently accepted forms are also subject to dismissal. See 47 C.F.R. § 73.3564(b). INSTRUCTIONS FOR SECTION I: GENERAL INFORMATION Licensee/Permittee Information. 1. Item 1: Licensee or Permittee Name. The name of the licensee or permittee must be stated exactly in Item 1. If the licensee is a corporation, the exact corporate name; if a partnership, the name under which the partnership does business; if an unincorporated association, the name of an executive officer,
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  • will consist of the electronic equivalent of the typed name of the individual. See Report and Order in MM Docket No. 98- 43, 13 FCC Rcd 23056, 23064 (1998). G. The licensee should provide all information requested by this form. Defective or incomplete forms will not be accepted. Inadvertently accepted forms are also subject to dismissal. See 47 C.F.R. § 73.3564(b). INSTRUCTIONS FOR SECTION I: GENERAL INFORMATION Licensee/Permittee Information. 1. Item 1: Licensee or Permittee Name. The name of the licensee or permittee must be stated exactly in Item 1. If the licensee is a corporation, the exact corporate name; if a partnership, the name under which the partnership does business; if an unincorporated association, the name of an executive officer,
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  • will consist of the electronic equivalent of the typed name of the individual. See Report and Order in MM Docket No. 98- 43, 13 FCC Rcd 23056, 23064 (1998). G. The licensee should provide all information requested by this form. Defective or incomplete forms will not be accepted. Inadvertently accepted forms are also subject to dismissal. See 47 C.F.R. § 73.3564(b). INSTRUCTIONS FOR SECTION I: GENERAL INFORMATION Licensee/Permittee Information. 1. Item 1: Licensee or Permittee Name. The name of the licensee or permittee must be stated exactly in Item 1. If the licensee is a corporation, the exact corporate name; if a partnership, the name under which the partnership does business; if an unincorporated association, the name of an executive officer,
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  • will consist of the electronic equivalent of the typed name of the individual. See Report and Order in MM Docket No. 98- 43, 13 FCC Rcd 23056, 23064 (1998). G. The licensee should provide all information requested by this form. Defective or incomplete forms will not be accepted. Inadvertently accepted forms are also subject to dismissal. See 47 C.F.R. § 73.3564(b). INSTRUCTIONS FOR SECTION I: GENERAL INFORMATION Licensee/Permittee Information. 1. Item 1: Licensee or Permittee Name. The name of the licensee or permittee must be stated exactly in Item 1. If the licensee is a corporation, the exact corporate name; if a partnership, the name under which the partnership does business; if an unincorporated association, the name of an executive officer,
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  • Item 2 of Section III-B of the amended application indicated that the proposal is for a Class C facility. Section 73.211(a)(2) specifies that a Class C must have an antenna height above average terrain (``HAAT'') of at least 451 meters. However, Item 10 of the amended application specified an HAAT of 305 meters. The staff also cited 47 C.F.R. § 73.3564(a)(3). The amended application specified an Effective Radiated Power (``ERP'') of 100 kW at an antenna HAAT of 305 meters. BBI styled this objection a ``Petition to Designate for Hearing.'' There being no basis in the Rules for such a pleading, the staff in its July 30, 2003, letter treated BBI's pleading as a timely petition for reconsideration of the staff's
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  • 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 Commission identifies
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  • 78. We believe the rationale underlying this auction-related processing proposal applies only to new and major change applications. See id. In light of the revisions we are proposing herein to our application forms and processing procedures, however, we invite comment on whether we also should modify the tenderability and two-tier processing standards for minor change FM applications. 47 C.F.R. § 73.3564. - 17 - the engineering staff. The revised Section V-B would require applicants to certify compliance with our technical rules for routine and non-waiver issues. The technical data required for engineering review would be organized in such a manner as to facilitate electronic entry of the data and, in some instances, allow our computer engineering programs to verify compliance with
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  • of Sections 73.3571, 73.3572 and 73.3573 of the Commission's Rules, First Report and Order in MM Docket 83-1377, 56 RR 2d 941, 943 (1984). 81 Id. at § 74.1233. 82 See 47 U.S.C. § 309(b); 47 C.F.R. §§ 73.3573(e), 73.3580. 83 See First Report and Order, 56 RR 2d at 943. 84 47 U.S.C. § 405; 47 C.F.R. §§ 1.106, 73.3564, 73.3587; see First Report and Order, 56 Rad. Reg. 2d at 943- 44 (employing similar analysis in classifying commercial FM band station facilities increases as minor changes). 85 See, e.g., Report and Order, 8 FCC Rcd at 4738 (acknowledging that adopting cut-off protection for minor change applications could foreclose prospective petitioners' opportunities to request modifications); Amendment of Part 74 of
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  • 47 C.F.R. Section 73.3526 for commercial stations and Section 73.3527 for noncommercial educational stations. F. Applicants should provide all information called for by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are subject to dismissal. See, e.g., 47 C.F.R. Section 73.3564(b). G. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. H. This application requires
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  • in MM Docket No. 92-159, 8 FCC Rcd 4735, 4737 n. 18 (1993) (amendments to the FM Table of Allotments to reflect one-step upgrades in class treated as minor and non-controversial). 55 Pursuant to the Commission's processing procedures for commercial FM broadcast applications, construction permit applicants will be given one opportunity to correct any acceptability defects. See 47 C.F.R. § 73.3564(a); Amendment of Part 73 of the Commission's Rules to Modify Processing Procedures for Commercial FM Broadcast Applications, Report and Order in MM Docket No. 91-347 (1992). 56 We recognize that, under the Commission's first-come, first-served filing procedures, triggering applicants may lose priority rights to spectrum made available by automatic reclassification as a result of dismissal of their applications. Nevertheless, we
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  • respectively, over their communities of license. See 47 C.F.R. §§ 73.24(i), 73.315(a). As discussed in the Notice, the Commission provides public notice of the tendering of minor change applications and the public has the opportunity to file informal objections and seek reconsideration of staff actions. See Notice, 13 FCC Rcd at 14871; 47 U.S.C. § 405; 47 C.F.R. §§ 1.106, 73.3564, 73.3587. See Notice, 13 FCC Rcd at 14875-76. See supra, n. 13 and accompanying text. As mentioned earlier, FM translators, as a secondary service, are exempted from local service obligations and, therefore, may request community of license changes as minor changes. 47 C.F.R. § 74.1233; see Amendment of Part 74 of the Commission's Rules Concerning FM Translator Stations, Report and
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  • instruments, and EAS encoders and decoders. [646]TEXT [647]PDF 73.3550 Requests for new or modified call sign assignments. [648]TEXT [649]PDF 73.3555 Multiple ownership. [650]TEXT [651]PDF 73.3556 Duplication of programming on commonly owned or time brokered stations. [652]TEXT [653]PDF 73.3561 Staff consideration of applications requiring Commission action. [654]TEXT [655]PDF 73.3562 Staff consideration of applications not requiring action by the Commission. [656]TEXT [657]PDF 73.3564 Acceptance of applications. [658]TEXT [659]PDF 73.3566 Defective applications. [660]TEXT [661]PDF 73.3568 Dismissal of applications. [662]TEXT [663]PDF 73.3571 Processing of AM broadcast station applications. [664]TEXT [665]PDF 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications. [666]TEXT [667]PDF 73.3573 Processing FM broadcast station applications. [668]TEXT [669]PDF 73.3574 Processing of international broadcast station applications.
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  • accept and process petitions for rulemaking requesting the allotment of new FM channels to the Table of Allotments at any time. However, we will no longer open filing windows in allotment report and orders for the newly-allotted channel; applicants will, instead, be able to apply for any such allotments during subsequently announced FM auction filing windows. See 47 C.F.R. § 73.3564(d). 138. We hereby replace these disparate filing procedures with a specific time period, or auction window, Federal Communications Commission FCC 98-194 As discussed in detail in ¶ 177, minor modification applications may continue to be filed at any time. 147 See, e.g., Comments of Kyle Magrill at 2; Six Video Broadcast Licensees at 4 (supporting separate filing windows for 148
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  • accept and process petitions for rulemaking requesting the allotment of new FM channels to the Table of Allotments at any time. However, we will no longer open filing windows in allotment report and orders for the newly-allotted channel; applicants will, instead, be able to apply for any such allotments during subsequently announced FM auction filing windows. See 47 C.F.R. § 73.3564(d). 138. We hereby replace these disparate filing procedures with a specific time period, or auction window, Federal Communications Commission FCC 98-194 As discussed in detail in ¶ 177, minor modification applications may continue to be filed at any time. 147 See, e.g., Comments of Kyle Magrill at 2; Six Video Broadcast Licensees at 4 (supporting separate filing windows for 148
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  • 78. We believe the rationale underlying this auction-related processing proposal applies only to new and major change applications. See id. In light of the revisions we are proposing herein to our application forms and processing procedures, however, we invite comment on whether we also should modify the tenderability and two-tier processing standards for minor change FM applications. 47 C.F.R. § 73.3564. - 17 - the engineering staff. The revised Section V-B would require applicants to certify compliance with our technical rules for routine and non-waiver issues. The technical data required for engineering review would be organized in such a manner as to facilitate electronic entry of the data and, in some instances, allow our computer engineering programs to verify compliance with
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.txt http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.wp
  • of Sections 73.3571, 73.3572 and 73.3573 of the Commission's Rules, First Report and Order in MM Docket 83-1377, 56 RR 2d 941, 943 (1984). 81 Id. at § 74.1233. 82 See 47 U.S.C. § 309(b); 47 C.F.R. §§ 73.3573(e), 73.3580. 83 See First Report and Order, 56 RR 2d at 943. 84 47 U.S.C. § 405; 47 C.F.R. §§ 1.106, 73.3564, 73.3587; see First Report and Order, 56 Rad. Reg. 2d at 943- 44 (employing similar analysis in classifying commercial FM band station facilities increases as minor changes). 85 See, e.g., Report and Order, 8 FCC Rcd at 4738 (acknowledging that adopting cut-off protection for minor change applications could foreclose prospective petitioners' opportunities to request modifications); Amendment of Part 74 of
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • 47 C.F.R. Section 73.3526 for commercial stations and Section 73.3527 for noncommercial educational stations. F. Applicants should provide all information called for by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are subject to dismissal. See, e.g., 47 C.F.R. Section 73.3564(b). G. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. H. This application requires
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.wp
  • over their communities of license. See 47 C.F.R. §§ 73.24(i), 73.315(a). 21 As discussed in the Notice, the Commission provides public notice of the tendering of minor change applications and the public has the opportunity to file informal objections and seek reconsideration of staff actions. See Notice, 13 FCC Rcd at 14871; 47 U.S.C. § 405; 47 C.F.R. §§ 1.106, 73.3564, 73.3587. 6 of mutually exclusive or competing applications,18 and that these modifications will limit the opportunities for such filings. Nevertheless, we believe that the public interest weighs in favor of the measures we are adopting. The current policy of not providing cut-off protection to minor change applications in the AM, NCE FM and FM translator services exposes applicants to significant
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00149.doc
  • television translators to provide service to the Staunton and Waynesboro, Virginia areas within the National Radio Quiet Zone . . . ." Since 1984 the Commission's processing rules have required that television translator applications for new stations or for major modifications of the facilities of existing stations may be filed only on dates specified by the Commission, 47 C.F.R. § 73.3564(d), and our practice has been to announce such windows periodically. See Low Power Television and Television Translator Service (Report and Order), 102 FCC 2d 295, 297-98 ¶ 5 (1984). In connection with the adoption of competitive bidding procedures for commercial broadcast applications, we have revised our processing rules to require the filing within a publicly announced auction filing window of
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00368.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00368.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00368.txt
  • Order in MM Docket No. 92-159, 8 FCC Rcd 4735, 4737 n. 18 (1993) (amendments to the FM Table of Allotments to reflect one-step upgrades in class treated as minor and non-controversial). Pursuant to the Commission's processing procedures for commercial FM broadcast applications, construction permit applicants will be given one opportunity to correct any acceptability defects. See 47 C.F.R. § 73.3564(a); Amendment of Part 73 of the Commission's Rules to Modify Processing Procedures for Commercial FM Broadcast Applications, Report and Order in MM Docket No. 91-347 (1992). We recognize that, under the Commission's first-come, first-served filing procedures, triggering applicants may lose priority rights to spectrum made available by automatic reclassification as a result of dismissal of their applications. Nevertheless, we believe
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00382.doc
  • Broadcasting Company and Lindsay Television Company; (b) Petitioner's Reply to Filing of Charlottesville Broadcasting Corporation, filed June 13, 2000, by Givens & Bell; (c) Enforcement Bureau's Opposition to Pleading filed by Givens & Bell, filed June 14, 2000; and (d) Reply to Enforcement Bureau's Opposition to Pleading, filed June 21, 2000, by Givens & Bell. The Bureau relies on Sections 73.3564(a)-(c), 73.3566(a), and 73.3572(f) of the Commission's Rules, 47 C.F.R. §§ 73.3564(a)-(c), 73.3566(a), and 73.3572(f), as they existed in September 1996 when Givens & Bell's application was tendered for filing. Read together, those provisions make clear that Givens & Bell's September 1996 application was not entitled to competitive consideration with the 1986 applications of Achernar and Lindsay for that same channel,
• http://www.fcc.gov/Forms/Form301/301.pdf
  • C.F.R. Section 73.3526 for commercial stations and 47 C.F.R. Section 73.3527 for noncommercial educational stations. G. Applicants should provide all information requested by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. See 47 C.F.R. Section 73.3564(b). H. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. I. This application requires
• http://www.fcc.gov/Forms/Form303-S/303s.pdf
  • basis, six months after each application form or report becomes available for filing electronically. E. Applicants should provide all information requested by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned 2 without consideration. Inadvertently accepted applications are also subject to dismissal. See 47 C.F.R. § 73.3564(b). F. In accordance with 47 C.F.R. § 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. G. This application requires
• http://www.fcc.gov/Forms/Form314/314.pdf
  • to 47 C.F.R. Section 73.3526 for commercial stations and Section 73.3527 for noncommercial educational stations. G. Applicants should provide all information called for by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are subject to dismissal. See 47 C.F.R. Section 73.3564(b). H. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. I. This application requires
• http://www.fcc.gov/Forms/Form315/315.pdf
  • C.F.R. Section 73.3526 for commercial stations and Section 73.3527 for noncommercial educational stations. H . Applicants should provide all information called for by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. See 47 C.F.R. Section 73.3564(b) I. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and significant changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. J. This application requires
• http://www.fcc.gov/Forms/Form316/316.pdf
  • 47 C.F.R. Section 73.3526 for commercial stations and Section 73.3527 for noncommercial educational stations. H. Applicants should provide all information called for by this application. If any portion of the application is not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. See 47 C.F.R. Section 73.3564(b) I. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and significant changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration or review by the Commission or review by any court. J. This
• http://www.fcc.gov/Forms/Form318/318.pdf
  • amended (if file number is unknown). F. Defective Applications. Applicants should provide all information requested by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. If the FCC inadvertently accepts a defective or incomplete application, that application may be dismissed. See 47 C.F.R. Section 73.3564(b). G. Current Information. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the Commission action on this application is no longer subject to reconsideration by the Commission or review by any court. Certifications H.
• http://www.fcc.gov/Forms/Form340/340.pdf
  • applicant should select the "N/A" option if provided, or skip the question only if specifically directed to do so on the form or instructions. Defective or incomplete applications will be returned without consideration. It is unacceptable to state "on file." All information must be on this application form. Inadvertently accepted applications are also subject to dismissal. See 47 C.F.R. Section 73.3564(b). J. Current Information: Applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application, in accordance with 47 C.F.R. Section 1.65. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. K. Worksheets:
• http://www.fcc.gov/Forms/Form345/345.pdf
  • 73.3527 for noncommercial educational stations. H. Defective Applications. Applicants should provide all information called for by this application. Responses indicating "on file" are not acceptable. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. See 47 C.F.R. Section 73.3564(b) I. Current Information. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and significant changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. J. Worksheets
• http://www.fcc.gov/fcc-bin/audio/DA-07-1935A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1935A1.pdf
  • response, Konopnicki checked neither the box labeled ``Yes'' nor ``No.'' Instead, he responded ``N/A.'' Third, if the previous answer is ``Yes,'' Form 301 directs the applicant to attach an exhibit demonstrating that ownership of the proposed and existing stations would be consistent with the multiple ownership rule. Again, Konopnicki responded, ``N/A.'' See 47 C.F.R. § 73.3514(a). See 47 C.F.R. § 73.3564(a). Navajo points out that Konopnicki's Engineering Statement specifies a radiation center above ground at 49.5 meters (at page 7), whereas 47.5 meters is specified on page 19 of Form 301. Konopnicki characterizes the discrepancy as a ``typographical error'' which is corrected in the March 13, 1996 amendment. The Commission subsequently revised its public file rule, 47 C.F.R. § 73.3526. The
• http://www.fcc.gov/fcc-bin/audio/DA-09-1365A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1365A1.pdf
  • 1, 2008, four days after the DKJJL(AM) construction permit had expired, Cutforth filed the subject Application for covering license. The Application failed to comply with Conditions 1 and 3 on the construction permit, in that it did not contain the daytime full proof of performance or the other required exhibits. Accordingly, on November 17, 2008, the staff, pursuant to Section 73.3564 of the Rules, issued a deficiency letter to Cutforth identifying these defects and providing 30 days to file a curative amendment. Upon receipt of the deficiency letter, on December 11, 2008, Cutforth filed: (1) a letter requesting additional time to provide the documentation requested; and (2) the STA Request which, because the DKJJL(AM) permit had expired, seeks authority to operate
• http://www.fcc.gov/fcc-bin/audio/DA-10-1958A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1958A1.pdf
  • coordinates would have constituted an impermissible ``major change.'' Conversely, the defects contained the New Bohemia Application - namely, that it was signed by a corporate director (rather than officer), and that the date of the certification of the technical section postdated the applicant's certification - were minor. We further reject Plus' assertion that the Commission's acceptability criteria are unclear. Section 73.3564 of the Rules clearly sets forth the Commission's acceptability criteria. Moreover, it is well-settled that information in the Tech Box supersedes inconsistent data elsewhere in an application. CONCLUSION. Accordingly, IT IS ORDERED that the March 12, 2009, Petition for Reconsideration and the March 25, 2009, Petition for Reconsideration, or, in the Alternative, Application for Review, filed by Plus Charities, ARE
• http://www.fcc.gov/fcc-bin/audio/DA-10-2065A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-2065A1.pdf
  • a defect that cannot be cured). See also 47 C.F.R. §73.3566(a) (``Applications which are determined to be patently not in accordance with the FCC rules, regulations, or other requirements, unless accompanied by an appropriate request for waiver, will be considered defective and will not be accepted for filing or if inadvertently accepted for filing will be dismissed.''); 47 C.F.R. § 73.3564(b) (``Acceptance of an application for filing merely means that it has been the subject of a preliminary review by the FCC's administrative staff as to completeness. Such acceptance will not preclude the subsequent dismissal of the application if it is found to be patently not in accordance with the FCC's rules.''). We believe that Allied also has made a prima
• 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
  • 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) states that, [a]pplications with uncorrected tender and/or acceptance defects remaining after the opportunity for amendment will be dismissed with no further opportunity for corrective amendment." See Appendix B in the Report and Order in MM Docket 91-347, 7 FCC Rcd 5074, 57 Fed. Reg. 34872, released July 27, 1992. This letter constitutes your opportunity for corrective amendment pursuant to 47
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.pdf
  • 78. We believe the rationale underlying this auction-related processing proposal applies only to new and major change applications. See id. In light of the revisions we are proposing herein to our application forms and processing procedures, however, we invite comment on whether we also should modify the tenderability and two-tier processing standards for minor change FM applications. 47 C.F.R. ( 73.3564. E.g., Swan Creek Communications, Inc. v. FCC, 39 F.3d 1217 (D.C. Cir. 1994) (applicant disqualified in comparative broadcast proceeding for lack of candor); RKO General, Inc. v. FCC, 670 F.2d 215 (D.C. Cir. 1981), cert. denied, 456 U.S. 927 (1982) (license renewal denied based on lack of candor). 47 U.S.C. (( 318, 319(a)-(b). Section 319(d) of the Telecommunications Act of
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • instruments, and EAS encoders and decoders. [646]TEXT [647]PDF 73.3550 Requests for new or modified call sign assignments. [648]TEXT [649]PDF 73.3555 Multiple ownership. [650]TEXT [651]PDF 73.3556 Duplication of programming on commonly owned or time brokered stations. [652]TEXT [653]PDF 73.3561 Staff consideration of applications requiring Commission action. [654]TEXT [655]PDF 73.3562 Staff consideration of applications not requiring action by the Commission. [656]TEXT [657]PDF 73.3564 Acceptance of applications. [658]TEXT [659]PDF 73.3566 Defective applications. [660]TEXT [661]PDF 73.3568 Dismissal of applications. [662]TEXT [663]PDF 73.3571 Processing of AM broadcast station applications. [664]TEXT [665]PDF 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications. [666]TEXT [667]PDF 73.3573 Processing FM broadcast station applications. [668]TEXT [669]PDF 73.3574 Processing of international broadcast station applications.
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • instruments, and EAS encoders and decoders. [599]TEXT [600]PDF 73.3550 Requests for new or modified call sign assignments. [601]TEXT [602]PDF 73.3555 Multiple ownership. [603]TEXT [604]PDF 73.3556 Duplication of programming on commonly owned or time brokered stations. [605]TEXT [606]PDF 73.3561 Staff consideration of applications requiring Commission action. [607]TEXT [608]PDF 73.3562 Staff consideration of applications not requiring action by the Commission. [609]TEXT [610]PDF 73.3564 Acceptance of applications. [611]TEXT [612]PDF 73.3566 Defective applications. [613]TEXT [614]PDF 73.3568 Dismissal of applications. [615]TEXT [616]PDF 73.3571 Processing of AM broadcast station applications. [617]TEXT [618]PDF 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications. [619]TEXT [620]PDF 73.3573 Processing FM broadcast station applications. [621]TEXT [622]PDF 73.3574 Processing of international broadcast station applications.