Sec. 73.3591  Grants without hearing.

    (a) Except for renewal applications filed after May 1, 1995 which 
will be subject to paragraph (d) of this section, in the case of any 
application for an instrument of authorization, other than a license 
pursuant to a construction permit, the FCC will make the grant if it 
finds (on the basis of the application, the pleadings filed or other 
matters which it may officially notice) that the application presents no 
substantial and material question of fact and meets the following 
requirements:
    (1) There is not pending a mutually exclusive application filed in 
accordance with paragraph (b) of this section;
    (2) The applicant is legally, technically, financially, and 
otherwise qualified;
    (3) The applicant is not in violation of provisions of law, the FCC 
rules, or established policies of the FCC; and
    (4) A grant of the application would otherwise serve the public 
interest, convenience and necessity.
    (b) In making its determinations pursuant to the provisions of 
paragraph (a) of this section, the FCC will not consider any other 
application, or any application if amended so as to require a new file 
number, as being mutually exclusive or in conflict with the application 
under consideration unless such other application was substantially 
complete, and tendered for filing by:
    (1) The close of business on the day preceding the day designated by 
Public Notice as the day the listed application is to be available and 
ready for processing;
    (2) The date prescribed in Sec. 73.3516(e) in the case of 
applications which are mutually exclusive with applications for renewal 
of license of broadcast stations; or
    (3) The close of business on the day designated by the FCC pursuant 
to Sec. 73.3564(d) as the date(s) for filing low power TV or TV 
translator applications.
    (c) If a petition to deny the application has been filed in 
accordance with Sec. 73.3584 and the FCC makes the grant in accordance 
with paragraph (a) of this section, the FCC will deny the petition and 
issue a concise statement setting forth the reasons for denial and 
disposing of all substantial issues raised by the petition.
    (d) Renewal applications filed after May 1, 1995 will be governed by 
the criteria established in 47 U.S.C. Sec. (k).

[44 309 FR 38507 , July 2, 1979, as amended at  50 FR 47844 , Dec. 7, 1984;  59 FR 31557 , June 20, 1994;  61 FR 18291 , Apr. 25, 1996]