Sec. 74.911  Processing of ITFS station applications.

    (a) Application for ITFS stations are divided into two groups:
    (1) In the first group are applications for new stations or major 
changes in the facilities of authorized stations. These applications are 
subject to the provisions of paragraph (c) of this section. A major 
change for an ITFS station will be any proposal to add new

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channels, change from one channel (or channel group) to another, change 
polarization, increase the EIRP in any direction by more than 1.5dB, 
increase the transmitting antenna height by 25 feet or more, or relocate 
a facility's transmitter site by 10 miles or more. However, the 
Commission may, within 15 days after the acceptance of an application, 
or 15 days after the acceptance of any other application for 
modification of facilities, advise the applicant that such application 
is considered to be one for a major change, and subject to the 
provisions of paragraph (c) of this section.
    (2) The second group consists of applications for licenses and all 
other changes in the facilities of authorized stations.
    (b) A new file number will be assigned to an application for a new 
station or for major changes in the facilities of an authorized station, 
when it is amended so as to effect a major change, as defined in 
paragraph (a)(1) of this Section, or result in a situation where the 
original party or parties to the application do not retain control of 
the applicant as originally filed. An application for change in the 
facilities of any existing station will continue to carry the same file 
number even though (pursuant to Commission approval) an assignment of 
license or transfer of control of such licensee or permittee has taken 
place if, upon consummation, the application is amended to reflect the 
new ownership.
    (c)(1) New and major change applications for ITFS stations will be 
accepted only on dates specified by the Commission. Filing periods will 
be designated by the Commission in a Public Notice, to be released not 
fewer than 60 days before the commencement of the filing period. 
Qualified parties will have no fewer than 5 business days within which 
to submit their applications. After termination of the filing period, 
the Commission shall release a Public Notice with a list of applications 
filed in the window and provide no fewer than 30 days for the submission 
of petitions to deny. Uncontested applications that are not mutually 
exclusive with any other application or licensed facility, and are found 
to be acceptable, shall be granted. Mutually exclusive applications 
shall be evaluated pursuant to the comparative selection process set 
forth in Sec. 74.913 as herein amended.
    (2) The requirements of this section apply to a wireless cable 
entity requesting to be licensed on ITFS frequency pursuant to 
Sec. 74.990. The application of such a wireless cable entity shall be 
included in the Public Notice released after the termination of the 
filing period.
    (d) Those applications, other than mutually exclusive applications, 
which upon examination meet other pertinent requirements and would serve 
the public interest, convenience and necessity will be granted. Mutually 
exclusive applications will be processed pursuant to the provisions in 
Sec. 74.913.

[50 1997 FR 26759 , June 28, 1985, as amended at  55 FR 46013 , Oct. 31, 1990; 
 60 FR 20247 , Apr. 25, 1995]