Sec. 1.962  Public notice of acceptance for filing; petitions to deny 
          applications of specified categories.

    (a) Except as qualified in paragraph (b) of this section, the 
provisions of this section shall apply to all applications for 
authorizations, and substantial amendments thereof, for the following 
categories of stations and services:
    (1) Industrial radiopositioning stations for which frequencies are 
assigned on an exclusive basis.
    (2) Aeronautical enroute stations.
    (3) Aeronautical advisory stations.
    (4) Airport control tower stations.
    (5) Aeronautical fixed stations.
    (6) Public coast stations, excluding those located in Alaska which 
will not render service for hire.
    (b) The provisions of this section are not applicable to 
applications for the type of authorizations listed in this paragraph.
    (1) A minor change in the facilities of an authorized station or a 
minor amendment of an application on file.
    (2) Consent to an involuntary assignment or transfer under section 
310(b) of the Communications Act or to a voluntary assignment or 
transfer thereunder which does not involve a substantial change in 
ownership or control.
    (3) A license under section 319(c) of the Communications Act or, 
pending application for or grant of such license, any special or 
temporary authorization to permit interim operation to facilitate 
completion of authorized construction or to provide substantially the 
same service as would be authorized by such licensee.

[[Page 202]]

    (4) Extension of time to complete construction of authorized 
facilities.
    (5) A special temporary authorization not to exceed 30 days where 
the applicant does not contemplate the filing of an application for 
regular operation, or not to exceed 60 days pending or after the filing 
of an application for regular operation.
    (6) An authorization under any of the proviso clauses of section 
308(a) of the Communications Act.
    (c) For the purposes of this section, a substantial amendment of an 
application on file and applications for a substantial change in the 
facilities of an authorized station shall be:
    (1) Any addition or change in frequency (except deletion of a 
frequency);
    (2) Any change in antenna azimuth;
    (3) Any change in antenna beam width;
    (4) Any change in antenna location greater than 5 seconds;
    (5) Any change in antenna location of less than 5 seconds but also 
involving a requirement for special aeronautical study;
    (6) Any change in emission;
    (7) Any increase in antenna height;
    (8) Any increase in authorized power in excess of a 2 to 1 ratio;
    (9) Any increase in emission bandwidth.
    (d) All amendments of an application on file and all changes 
requested in the facilities of an authorized station other than those 
amendments and modifications listed in paragraph (c) of this section 
shall be considered minor.
    (e) The Commission will issue at regular intervals Public Notices 
listing all applications subject to this section which have been 
received by the Commission in a condition acceptable for filing, or have 
been returned to an applicant for correction, within the 30-day public 
notice period. They will relist any application which has been amended 
substantially since its previous listing, or which has been resubmitted 
to the Commission, after public notice of the return of the application 
to an applicant, pursuant to Sec. 1.959. Such acceptance for filing 
shall not preclude the subsequent dismissal of an application as 
defective.
    (f) No application subject to the provisions of this section, as 
originally filed or substantially amended, will be granted by the 
Commission prior to the 31st day following the issuance of public notice 
of the acceptance for filing of such application or of any substantial 
amendment thereof; Provided, however, That the Commission, 
notwithstanding the requirements of this paragraph, may, if the grant of 
such application is otherwise authorized by law:
    (1) Grant requests for special temporary authorization for periods 
not exceeding 180 days, accompanied by a statement of the reasons 
therefor, if it finds that there are extraordinary circumstances 
requiring temporary operations in the public interest and that delay in 
institution of such operations would seriously prejudice the public 
interest, and
    (2) Extend such temporary authorizations for additional periods not 
exceeding 180 days each, upon a finding of continued extraordinary 
circumstances requiring temporary operations in the public interest.
    (g) Any party in interest may file with the Commission a petition to 
deny any application, whether as filed originally or as subsequently 
amended by a substantial amendment as defined in paragraph (c) of this 
section, subject to the provisions of this section, no later than 30 
days after the date of the public notice listing the application, or 
substantial amendment to the application, as having been accepted for 
filing. Such petitions must be filed with the Commission's offices in 
Gettysburg, Pennsylvania. Address them to: Federal Communications 
Commission, 1270 Fairfield Road, Gettysburg, Pennsylvania 17325-7245. A 
petitioner shall serve a copy of such petition on the applicant. A 
petition shall contain specific allegations of fact sufficient to make a 
prima facie showing that the petitioner is a party in interest and that 
a grant of the application would be inconsistent with the public 
interest, convenience and necessity. Such allegations of fact, except 
for those of which official notice may be taken, shall be supported by 
affidavit of a person or persons with personal knowledge thereof.

[[Page 203]]

    (h) The applicant may file an opposition to any petition to deny and 
the petitioner may file a reply thereto (see Sec. 1.45) in which 
allegations of fact or denials thereof, except for those of which 
official notice may be taken, shall be supported by affidavit of a 
person or persons with personal knowledge thereof. The applicant shall 
serve a copy of his opposition on the petitioner, and the petitioner 
shall serve a copy of his reply on the applicant.

(Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. )
[28 309 FR 12454 , Nov. 22, 1963, as amended at  29 FR 7822 , June 19, 1964;  30 FR 4479 , Apr. 7, 1965;  36 FR 19440 , Oct. 6, 1971;  48 FR 1973 , Jan. 17, 
1983;  49 FR 30945 , Aug. 2, 1984;  49 FR 36376 , Sept. 17, 1984;  51 FR 2703 , Jan. 21, 1986;  53 FR 28940 , Aug. 1, 1988;  54 FR 10327 , Mar. 13, 
1989;  55 FR 10462 , Mar. 21, 1990;  56 FR 64715 , Dec. 12, 1991;  61 FR 26671 , May 28, 1996

                         Action on Applications

    Authority: Sections 1.971 through 1.973 are issued under sec. 309, 
48 Stat. 1085, as amended; 47 U.S.C. 309.