Goto Section: 21.12 | 21.14

FCC 21.13
Revised as of January 7, 2005
Goto Year:2004 | 2006
Sec.  21.13   General application requirements.

   

   (a) Each application for a license or for consent to assignment or
   transfer of control shall:

   (1) Disclose fully the real party (or parties) in interest, including
   (as required) a complete disclosure of the identify and relationship
   of those persons or entities directly or indirectly owning or
   controlling (or both) the applicant;

   (2) Demonstrate the applicant's legal, financial, technical, and other
   qualifications to be a permittee or licensee;

   (3) Submit the information required by the Commission's Rules,
   requests, and application forms;

   (4) Except for applications in the Multipoint Distribution Service
   filed on or after September 15, 1995, state specifically the reasons
   why a grant of the proposal would serve the public interest,
   convenience, and necessity.

   (5) Be maintained by the applicant substantially accurate and complete
   in all significant respects in accordance with the provisions of Sec. 1.65
   of this chapter; and

   (6) Show compliance with the special requirements applicable to each
   radio service and make all special showings that may be applicable
   (e.g., those required by secs. 21.900, 21.912 and 21.913).

   (b) Applications filed in the Multipoint Distribution Service shall
   not cross-reference previously filed material.

   (c) In addition to the general application requirements of Sec. Sec. 21.13
   through 21.17 of this part, applicants shall submit any additional
   documents, exhibits, or signed written statements of fact:

   (1) As may be required by the other parts of the Commission's Rules,
   and the other subparts of Part 21 (particularly Subpart C and those
   subparts applicable to the specific radio service involved); and

   (2) As the Commission, at any time after the filing of an application
   and during the term of any authorization, may require from any
   applicant, permittee, or licensee to enable it to determine whether a
   radio authorization should be granted, denied, or revoked.

   (d) Except when the Commission has declared explicitly to the
   contrary, an informational requirement does not in itself imply the
   processing treatment of decisional weight to be accorded the response.

   (e) All applicants are required to indicate at the time their
   application is filed whether an authorization of the facilities is
   categorically excluded as defined by Sec. 1.1306 of the Commission's
   rules. If answered affirmatively, an Environmental Assessment as
   described by Sec. 1.1311, need not be filed with the application.

   (f) Whenever an individual applicant, or a partner (in the case of a
   partnership) or a full time manager (in the case of a corporation)
   will not actively participate in the day-to-day management and
   operation of proposed facilities, the applicant or licensee will
   submit a statement containing the reasons therefor and disclosing the
   details of the proposed operation, including a demonstration of how
   control over the radio facilities will be retained by the applicant.
   If the operation of a radio station is to be accomplished by
   contractual arrangement with an entity unrelated to an applicant or
   licensee, the applicant or licensee shall file a copy of the agreement
   or contract which shall demonstrate that:

   (1) The operation is accomplished according to general instructions
   provided for by the applicant;

   (2) The applicant retains effective control over the radio facilities
   and their operations; and

   (3) The applicant assumes full responsibility for both the quality of
   service and for contractor compliance with the Commission's Rules.

   [ 44 FR 60534 , Oct. 19, 1979, as amended at  47 FR 29244 , July 6, 1982;
    51 FR 15003 , Apr. 22, 1986;  52 FR 37778 , Oct. 9, 1987;  55 FR 46008 ,
   Oct. 31, 1990;  58 FR 19774 , Apr. 16, 1993;  58 FR 44894 , Aug. 25, 1993;
    60 FR 36551 , July 17, 1995;  61 FR 26673 , May 28, 1996]


Goto Section: 21.12 | 21.14

Goto Year: 2004 | 2006
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