Sec. 73.3564  Acceptance of applications.

    (a) Applications tendered for filing are dated upon receipt and then 
forwarded to the Mass Media Bureau, where an administrative examination 
is made to ascertain whether the applications are complete. Except for 
non-reserved band FM (except for Class D) applications, those found to 
be complete or substantially complete are accepted for filing and are 
given file numbers.In the case of minor defects as to completeness, the 
applicant will be required to supply the missing or correct information. 
Applications that are not substantially complete will be returned to the 
applicant. In the case of non-reserved band FM applications received on 
or after August 7, 1992, applications will be placed on public notice if 
they meet the following two-tiered minimum filing requirement prior to 
close of the filing window in window proceedings and as initially filed 
in first come/first served proceedings:
    (1) The application must include:
    (i) Applicant's name and address,
    (ii) Applicant's original signature,
    (iii) Principal community,
    (iv) Channel or frequency,
    (v) Class of station, and
    (vi) Transmitter site coordinates; and
    (2) The application must not omit more than 3 of the second tier 
items specified in appendix C, Report and Order, MM Docket No. 91-347, 
FCC 92-328, 7 FCC Rcd 5074 (1992). Applications found not to meet 
minimum filing requirements will be returned to the applicant. 
Applications found to meet minimum filing requirements but that contain 
deficiencies in tender and/or acceptance information shall be given an 
opportunity for corrective amendment pursuant to Sec. 73.3522. 
Applications found to be substantially complete and in accordance with 
the Commission's core legal and technical requirements will be accepted 
for filing. Applications with uncorrected tender and/or acceptance 
defects remaining after the opportunity for corrective amendment will be 
dismissed with no further opportunity for corrective amendment. In the 
case of low power TV, TV translator and TV booster applications, those 
found to be substantially complete will be listed on a Commission public 
notice as tendered for filing and given file numbers. Those that are not 
substantially complete will be returned to the applicant. If it is 
determined that a low power TV, TV translator or TV booster application 
is substantially complete but contains some defect(s) or omission(s), a 
deficiency letter will be issued affording the applicant 30 days to 
correct the defect. If the defect is not corrected within 30 days of the 
date on the deficiency letter, the application will be returned with no 
further opportunity to amend.

    Note: For non-reserved band FM applications received prior to August 
7, 1992 applications with deficiencies in tender and/or acceptance 
information will be returned to the applicant without an opportunity for 
corrective amendment. See  50 FR 19936  (May 13, 1985).

    (b) Acceptance of an application for filing merely means that it has 
been the subject of a preliminary review by the FCC's administrative 
staff as to completeness. Such acceptance will not preclude the 
subsequent dismissal of the application if it is found to be patently 
not in accordance with the FCC's rules.
    (c) At regular intervals, the FCC will issue a Public Notice listing 
all applications and major amendments thereto which have been accepted 
for filing, except for low power TV, TV translator, TV booster, and non-
reserved band FM stations. Pursuant to Secs. 73.3571(c), 73.3572(c) and 
73.3573(d) such notice shall establish a cut-off date (not less than 30 
days from the date of issuance) for the filing of mutually exclusive 
applications and petitions to deny. However, no application will be 
accepted for filing unless certification of compliance with the local 
notice requirements of Sec. 73.3580(h) has been made in the tendered 
application.
    (d) New and major change applications for non-reserved band FM 
stations (except for Class D stations) and for low power TV and TV 
translator stations will be accepted only on

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date(s) specified by the Commission. Low power TV and TV translator 
station filing period(s) will be designated by the Commission in a 
Public Notice. No more than five (5) applications for new low power TV 
or TV translator stations may be tendered for filing by any applicant, 
or by any individual or entity having an interest of one (1) percent or 
greater in any applicant(s) in a single filing period. This restriction 
does not apply to applications for major or minor changes in low power 
TV or TV translator stations as defined by Sec. 73.3572. Non-reserved 
band FM facilities and major change applications will have filing dates 
designated by the Commission in the following manner:
    (1) For all vacant non-reserved band FM allocations listed on the FM 
Table of Allotments, Sec. 73.202, as of March 14, 1985, a one-time 
filing period or ``window'' will open for 30 days, beginning on the 31st 
day after the date of publication of the Report and Order in MM Docket 
No. 84-750 in the Federal Register and will close on the 60th day after 
such publication. (This filing window does not apply to the 689 FM 
channels added to the FM Table of Allotments by the Commission's 
decision in MM Docket No. 84-231).
    (2) The 689 FM allocations added to the FM Table of Allotments by MM 
Docket 84-231 will be subject to a series of windows. The Audio Services 
Division of the Mass Media Bureau will establish, by Public Notice, the 
window filing dates for this group of allotments.
    (3) Each Report and Order specifying a new non-reserved FM band 
allocation will identify the window filing period which will begin upon 
the effective date of that Order and continue for at least 30 days.
    (4) Where no applications are tendered during a window filing 
period, applications may be tendered any time after the window closes. 
These applications will be processed on a ``first come/first serve'' 
basis and will be treated as simultaneously filed if filed on the same 
day. Any applications received after the filing of a lead applicant will 
be placed in a queue, according to filing date, behind the lead 
applicant.
    (5) If a non-reserved band FM channel allotment is vacant after the 
grant of a construction permit becomes final, because of a lapsed 
construction permit or for any other reason, the FCC will, by Public 
Notice, announce a subsequent filing window for the acceptance of new 
applications for such channels.
    (6) However, no application will be accepted for tender unless 
certification of compliance with the local notice requirements of 
Sec. 73.3580(h) has been made in the tendered application.
    (e) Applications for operation in the 1605-1705 kHz band will be 
accepted only if filed pursuant to the terms of Sec. 73.30(b).

[44 1997 FR 38499 , July 2, 1979, as amended at  50 FR 19943 , May 13, 1985;  52 FR 7421 , Mar. 11, 1987;  52 FR 31400 , Aug. 20, 1987;  56 FR 64873 , Dec. 
12, 1991;  57 FR 34878 , Aug. 7, 1992;  59 FR 31556 , June 20, 1994]