Sec. 26.322  Consideration of applications.

    (a) Applications for an instrument of authorization will be granted 
if, upon examination of the application and upon consideration of such 
other matters as it may officially notice, the Commission finds that the 
grant will serve the public interest, convenience, and necessity. See 
also Sec. 1.2108 of this chapter.
    (b) The grant shall be without a formal hearing if, upon 
consideration of

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the application, any pleadings or objections filed, or other matters 
which may be officially noticed, the Commission finds that:
    (1) The application is acceptable for filing, and is in accordance 
with the Commission's rules, regulations, and other requirements;
    (2) The application is not subject to a post-auction hearing or to 
comparative consideration pursuant to Sec. 26.321 with another 
application(s);
    (3) A grant of the application would not cause harmful electrical 
interference to an authorized station;
    (4) There are no substantial and material questions of fact 
presented; and
    (5) The applicant is qualified under current FCC regulations and 
policies.
    (c) If the Commission should grant without a formal hearing an 
application for an instrument of authorization which is subject to a 
petition to deny filed in accordance with Sec. 26.320, the Commission 
will deny the petition by the issuance of a Memorandum Opinion and Order 
which will concisely report the reasons for the denial and dispose of 
all substantial issues raised by the petition.
    (d) Whenever the Commission, without a formal hearing, grants any 
application in part, or subject to any terms or conditions other than 
those normally applied to applications of the same type, it shall inform 
the applicant of the reasons therefor, and the grant shall be considered 
final unless the Commission should revise its action (either by granting 
the application as originally requested, or by designating the 
application for a formal evidentiary hearing) in response to a petition 
for reconsideration which:
    (1) Is filed by the applicant within thirty (30) days from the date 
of the letter or order giving the reasons for the partial or conditioned 
grant;
    (2) Rejects the grant as made and explains the reasons why the 
application should be granted as originally requested; and,
    (3) Returns the instrument of authorization.
    (e) The Commission will designate an application for a formal 
hearing, specifying with particularly the matters and things in issue, 
if, upon consideration of the application, any pleadings or objections 
filed, or other matters which be officially noticed, the Commission 
determines that:
    (1) A substantial and material question of fact is presented (see 
also Sec. 1.2108 of this chapter);
    (2) The Commission is unable for any reason to make the findings 
specified in paragraph (a) of this section and the application is 
acceptable for filing, complete, and in accordance with the Commission's 
rules, regulations, and other requirements; or
    (3) The application is entitled to comparative consideration (under 
Sec. 26.321) with another application (or applications).
    (f) The Commission may grant, deny or take other action with respect 
to an application designated for a formal hearing pursuant to paragraph 
(e) of this section or part 1 of this chapter.
    (g) Reconsideration or review of any final action taken by the 
Commission will be in accordance with part 1, subpart A of this chapter.