Sec. 24.423  Amendment of applications for Narrowband Personal 
          Communications Service (other than applications filed on FCC 
          Form 175).

    This section applies to all applications for Narrowband Personal 
Communications Service other than applications filed on FCC Form 175.
    (a) Amendments as of right. A pending application may be amended as 
a matter of right if the application has not been designated for 
hearing.
    (1) Amendments shall comply with Sec. 24.429, as applicable; and
    (2) Amendments which resolve interference conflicts or amendments 
under Sec. 24.429 may be filed at any time.
    (b) The Commission or the presiding officer may grant requests to 
amend an application designated for hearing only if a written petition 
demonstrating good cause is submitted and properly served upon the 
parties of record.
    (c) Major amendments, minor amendments. The Commission will classify 
all amendments as minor except in the cases listed below. An amendment 
shall be deemed to be a major amendment subject to Sec. 24.427 under any 
of the following circumstances:
    (1) Change in technical proposal. If the amendment results in a 
substantial change in the engineering proposal such as (but not 
necessarily limited to) a change in, or an addition of, a radio 
frequency; or
    (2) Amendment to proposed service area. If the amendment extends the 
reliable service area of the proposed facilities outside its MTA, BTA, 
or other applicable market area as defined in Sec. 24.102; or
    (3) A substantial change in ownership or control.
    (d) If a petition to deny (or other formal objection) has been 
filed, any amendment, requests for waiver, (or other written 
communications) shall be served on the petitioner, unless waiver of this 
requirement is granted pursuant to paragraph (e) of this section. See 
also 47 CFR 1.2108.
    (e) The Commission may waive the service requirements of paragraph 
(d) of this section and prescribe such alternative procedures as may be 
appropriate under the circumstances to protect petitioners' interests 
and to avoid undue delay in a proceeding, if an applicant submits a 
request for waiver which demonstrates that the service requirement is 
unreasonably burdensome.
    (f) Any amendment to an application shall be signed and shall be 
submitted in the same manner, and with the same number of copies, as was 
the original application. Amendments may be made in letter form if they 
comply in all other respects with the requirements of this chapter.
    (g) An application will be considered to be a newly filed 
application if it is amended by a major amendment (as defined in this 
section), except in the following circumstances:
    (1)-(2) [Reserved]
    (3) The amendment reflects only a change in ownership or control 
found by the Commission to be in the public interest;
    (4) [Reserved]

[[Page 267]]

    (5) The amendment corrects typographical transcription, or similar 
clerical errors which are clearly demonstrated to be mistakes by 
reference to other parts of the application, and whose discovery does 
not create new or increased frequency conflicts.
    (6) The amendment does not create new or increased frequency 
conflicts, and is demonstrably necessitated by events which the 
applicant could not have reasonably foreseen at the time of filing, such 
as, for example:
    (i) The loss of a transmitter or receiver site by condemnation, 
natural causes, or loss of lease or option; or
    (ii) Obstruction of a proposed transmission path caused by the 
erection of a new building or other structure.