Sec.  21.32   Consideration of applications.

   

   (a) Applications for an instrument of authorization will be granted
   if, upon examination of the application and upon consideration of such
   other matters as it may officially notice, the Commission finds that
   the grant will serve the public interest, convenience, and necessity.

   (b) The grant shall be without a formal hearing if, upon consideration
   of the application, any pleadings of objections filed, or other
   matters which may be officially noticed, the Commission finds that:

   (1) The application is acceptable for filing, and is in accordance
   with the Commission's rules, regulations, and other requirements;

   (2) The application is not subject to comparative consideration
   (pursuant to Sec. 21.31) with another application (or applications),
   except where the competing applicants have chosen the comparative
   evaluation procedure of Sec. 21.35 and a grant is appropriate under that
   procedure;

   (3) A grant of the application would not cause harmful electrical
   interference to an authorized station;

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

   (5) The applicant is legally, technically, financially and otherwise
   qualified, and a grant of the application would serve the public
   interest.

   (c) If the Commission should grant without a formal hearing an
   application for an instrument of authorization which is subject to a
   petition to deny filed in accordance with Sec. 21.30, the Commission will
   deny the petition by the issuance of a Memorandum Opinion and Order
   which will concisely report the reasons for the denial and dispose of
   all substantial issues raised by the petition.

   (d) Whenever the Commission, without a formal hearing, grants any
   application in part, or subject to any terms or conditions other than
   those normally applied to applications of the same type, it shall
   inform the applicant of the reasons therefor, and the grant shall be
   considered final unless the Commission should revise its action
   (either by granting the application as originally requested, or by
   designating the application for a formal evidentiary hearing) in
   response to a petition for reconsideration which:

   (1) Is filed by the applicant within thirty (30) days from the date of
   the letter or order giving the reasons for the partial or conditioned
   grant;

   (2) Rejects the grant as made and explains the reasons why the
   application should be granted as originally requested; and

   (3) Returns the instrument of authorization.

   (e) The Commission will designate an application for a formal hearing,
   specifying with particularity the matters and things in issue, if,
   upon consideration of the application, any pleadings or objections
   filed, or other matters which may be officially noticed, the
   Commission determines that:

   (1) A substantial and material question of fact is presented;

   (2) The Commission is unable for any reason to make the findings
   specified in paragraph (a) of this section and the application is
   acceptable for filing, complete, and in accordance with the
   Commission's rules, regulations, and other requirements.

   (3) The application is entitled to comparative consideration (under
   Sec. 21.31) with another application (or applications); or

   (4) The application is entitled to comparative consideration (pursuant
   to Sec. 21.31) and the applicants have chosen the comparative evaluation
   procedure of Sec. 21.35 but the Commission deems such procedure to be
   inappropriate.

   (f) The Commission may grant, deny, or take other action with respect
   to an application designated for a formal hearing pursuant to
   paragraph (e) of this section or part 1 of this chapter.

   (g) Whenever the public interest would be served thereby the
   Commission may grant one or more mutually exclusive applications
   expressly conditioned upon final action on the applications, and then
   either conduct a random section process (in specified services under
   this rules part), designate all of the mutually exclusive applications
   for a formal evidentiary hearing or (whenever so requested) follow the
   comparative evaluation procedures of Sec. 21.35, as appropriate, if it
   appears:

   (1) That some or all of the applications were not filed in good faith,
   but were filed for the purpose of delaying or hindering the grant of
   another application;

   (2) That the public interest requires the prompt establishment of
   radio service in a particular community or area;

   (3) That a delay in making a grant to any applicant until after the
   conclusion of a hearing or a random selection proceeding on all
   applications might jeopardize the rights of the United States under
   the provision of an international agreement to the use of the
   frequency in question; or

   (4) That a grant of one application would be in the public interest in
   that it appears from an examination of the remaining applications that
   they cannot be granted because they are in violation of provisions of
   the Communications Act, other statutes, or of the provisions of this
   chapter.

   (h) Reconsideration or review of any final action taken by the
   Commission will be in accordance with subpart A of part 1 of this
   chapter.

   [ 44 FR 60534 , Oct. 19, 1979, as amended at  50 FR 5993 , Feb. 13, 1985]