Sec.  1.945   License grants.

   (a) License grants—auctionable license applications. Procedures for grant of
   licenses that are subject to competitive bidding under section 309(j) of the
   Communications Act are set forth in  Sec.  Sec. 1.2108 and 1.2109 of this part.

   (b) License grants—non-auctionable license applications. No application that
   is not subject to competitive bidding under  Sec. 309(j) of the Communications
   Act will be granted by the Commission prior to the 31st day following the
   issuance of a Public Notice of the acceptance for filing of such application
   or of any substantial amendment thereof, unless the application is not
   subject to  Sec. 309(b) of the Communications Act.

   (c) Grant without hearing. In the case of both auctionable license
   applications and non-mutually exclusive non-auctionable license
   applications, the Commission will grant the application without a hearing if
   it is proper upon its face and if the Commission finds from an examination
   of such application and supporting data, any pleading filed, or other
   matters which it may officially notice, that:

   (1) There are no substantial and material questions of fact;

   (2) The applicant is legally, technically, financially, and otherwise
   qualified;

   (3) A grant of the application would not involve modification, revocation,
   or non-renewal of any other existing license;

   (4) A grant of the application would not preclude the grant of any mutually
   exclusive application; and

   (5) A grant of the application would serve the public interest, convenience,
   and necessity.

   (d) Grant of petitioned applications. The FCC may grant, without a formal
   hearing, an application against which petition(s) to deny have been filed.
   If any petition(s) to deny are pending (i.e. have not been dismissed or
   withdrawn by the petitioner) when an application is granted, the FCC will
   deny the petition(s) and issue a concise statement of the reason(s) for the
   denial, disposing of all substantive issues raised in the petitions.

   (e) Partial and conditional grants. The FCC may grant applications in part,
   and/or subject to conditions other than those normally applied to
   authorizations of the same type. When the FCC does this, it will inform the
   applicant of the reasons therefor. Such partial or conditional grants are
   final unless the FCC revises its action in response to a petition for
   reconsideration. Such petitions for reconsideration must be filed by the
   applicant within thirty days after the date of the letter or order stating
   the reasons for the partial or conditional grant, and must reject the
   partial or conditional grant and return the instrument of authorization.

   (f) Designation for hearing. If the Commission is unable to make the
   findings prescribed in subparagraph (c), it will formally designate the
   application for hearing on the grounds or reasons then obtaining and will
   notify the applicant and all other known parties in interest of such action.

   (1) Orders designating applications for hearing will specify with
   particularity the matters in issue.

   (2) Parties in interest, if any, who are not notified by the Commission of
   its action in designating a particular application for hearing may acquire
   the status of a party to the proceeding by filing a petition for
   intervention showing the basis of their interest not more than 30 days after
   publication in the Federal Register of the hearing issues or any substantial
   amendment thereto.

   (3) The applicant and all other parties in interest shall be permitted to
   participate in any hearing subsequently held upon such applications.
   Hearings may be conducted by the Commission or by the Chief of the Wireless
   Telecommunications Bureau, or, in the case of a question which requires oral
   testimony for its resolution, an Administrative Law Judge. The burden of
   proceeding with the introduction of evidence and burden of proof shall be
   upon the applicant, except that with respect to any issue presented by a
   petition to deny or a petition to enlarge the issues, such burdens shall be
   as determined by the Commission or the Chief of the Wireless
   Telecommunications Bureau.

   [ 63 FR 68932 , Dec. 14, 1998]