Sec. 24.823 Amendment of applications for licenses in the broadband
Personal Communications Services (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. 24.829, as applicable; and
(2) Amendments which resolve interference conflicts or amendments
under Sec. 24.829 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. 24.827 if it
proposes a substantial change in ownership or control.
(d) If a petition to deny (or other formal objection) has been
filed, any amendment, request for waiver or other written communication
shall be served on the petitioner, unless waiver of this requirement is
granted pursuant to paragraph (e) of this section. See also Sec. 1.2108
of this Chapter.
(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]
(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.
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