Sec. 1.227  Consolidations.

    (a) The Commission, upon motion or upon its own motion, will, where 
such action will best conduce to the proper dispatch of business and to 
the ends of justice, consolidate for hearing:
    (1) Any cases which involve the same applicant or involve 
substantially the same issues, or
    (2) Any applications which present conflicting claims, except where 
a random selection process is used.
    (b)(1) In broadcast cases, except as provided in paragraph (b)(5) of 
this section, and except as otherwise provided in Sec. 1.1601, et seq., 
no application will be consolidated for hearing with a previously filed 
application or applications unless such application, or such application 
as amended, if amended so as to require a new file number, is 
substantially complete and tendered for filing by the close of business 
on the day preceding the day designated by Public Notice as the day any 
one of the previously filed applications is available and ready for 
processing.
    (2) In other than broadcast, common carrier, and safety and special 
radio services cases, any application that is mutually exclusive with 
another application or applications already designated for hearing will 
be consolidated for hearing with such other application or applications 
only if the later application in question has been filed within 5 days 
after public notice has been given in the Federal Register of the 
Commission's order which first designated for hearing the prior 
application or applications with which such application is in conflict.
    (3) Common carrier cases: (i) General rule. Where an application is 
mutually exclusive with a previously filed application, the second 
application will be entitled to comparative consideration with the first 
or entitled to be included in a random selection process, only if the 
second has been properly filed at least one day before the Commission 
takes action on the first application. Specifically, the later filed 
application must have been received by the Commission, in a condition 
acceptable for filing, before the close of business on the day prior to 
the grant date or designation date of the earlier filed application.
    (ii) Domestic public fixed and public mobile. See Rule Secs. 21.31 
and 22.31 for the requirements as to mutually exclusive applications. 
See also Rule Secs. 21.23 and

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22.23 for the requirements as to amendments of applications.
    (iii) Public coast stations (Maritime mobile service). See paragraph 
(b)(4) of this section.
    (4) This paragraph applies when mutually-exclusive applications 
subject to section 309(b) of the Communications Act are filed in the 
Private Radio Services or when there are more such applications for 
initial licenses than can be accommodated on available frequencies. In 
such cases, the applications either will be consolidated for hearing or 
designated for random selection (see Sec. 1.972 of this part). An 
application which is substantially amended (as defined by Sec. 1.962(c) 
of this part) will, for the purpose of this section, be considered to be 
a newly-filed application as of the receipt date of the amendment. 
Except for applications filed under part 94, Private Operational Fixed 
Microwave Service, mutual exclusivity will occur if the later 
application or applications are received by the Commission's offices in 
Gettysburg, PA (or Pittsburgh, PA for applications requiring the fees 
set forth at part 1, subpart G of the rules) in a condition acceptable 
for filing within 30 days after the release date of public notice 
listing the first prior filed application (with which subsequent 
applications are in conflict) as having been accepted for filing or 
within such other period as specified by the Commission. For 
applications in the Private Operational Fixed Microwave Service, mutual 
exclusivity will occur if two or more acceptable applications that are 
in conflict are filed on the same day.
    (5) Any mutually exclusive application filed after the date 
prescribed in paragraph (b)(1), (b)(2), (b)(3), or (b)(4) of this 
section will be dismissed without prejudice and will be eligible for 
refiling only after a final decision is rendered by the Commission with 
respect to the prior application or applications or after such 
application or applications are dismissed or removed from the hearing 
docket.
    (6) An application which is mutually exclusive with an application 
for renewal of license of a broadcast station filed on or before May 1, 
1995 will be designated for comparative hearing with such license 
renewal application if it is substantially complete and tendered for 
filing no later than the date prescribed in Sec. 73.3516(e).
[28 1997 FR 12425 , Nov. 22, 1963, as amended at  34 FR 7966 , May 21, 1969;  37 FR 13983 , July 15, 1972;  38 FR 26202 , Sept. 19, 1973;  48 FR 27200 , June 
13, 1983;  48 FR 34039 , July 27, 1983;  52 FR 10229 , Mar. 31, 1987;  55 FR 46008 , Oct. 31, 1990;  55 FR 46513 , Nov. 5, 1990;  61 FR 18291 , Apr. 25, 
1996]