Sec. 1.824  Random selection procedures for Multichannel Multipoint 
          Distribution Service and Multipoint Distribution Service H-
          Channel stations.

    (a) If there are mutually exclusive applications for an initial 
conditional license or license, the Commission may use the random 
selection process to select the conditional licensee or licensee. Each 
such random selection shall be conducted under the direction of the 
Office of the Managing Director in conjunction with the Office of the 
Secretary. Following the random selection, the Commission shall announce 
the tentative selectee and determine whether the applicant is qualified 
to receive the conditional license or license. If the Commission 
determines that the tentative selectee is qualified, it shall grant the 
application. In the event that the tentative selectee's application is 
denied, a second random selection will be conducted. Petitions for 
Reconsideration, Motions to Stay or Applications for Review may be 
submitted at the time the Commission grants or denies the application of 
the tentative selectee. The filing periods specified in the rules shall 
apply for such pleadings.
    (b) Competing applications for conditional licenses and licenses 
shall be designated for random selection in accordance with 
Secs. 1.1621, 1.1622 (a), (b), (c), (d), and (e), and 1.1623. No 
preferences pursuant to Sec. 1.1622 (b)(2) or (b)(3) shall be granted to 
any MMDS or MDS H-channel applicant whose owners, when aggregated, have 
an ownership interest of more than 50 percent in the media of mass 
communication whose service areas, as set forth at Sec. 1.1622 (e)(1) 
through (e)(7), wholly encompass or are encompassed by the protected 
service area contour, computed in accordance with Sec. 21.902(d) of this 
chapter, for which the license or conditional license is sought.
    (c) Petitions to Deny may be filed only against the tentative 
selectee. These petitions must be filed within 30 days of the Public 
Notice announcing such tentative selection. A consolidated reply may be 
filed within 15 days of the due date for Petitions to Deny.
[ 50 FR 5992 , Feb. 13, 1985, as amended at  56 FR 57815 , Nov. 14, 1991]

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