Sec.  73.3564   Acceptance of applications.

   (a)(1) Applications tendered for filing are dated upon receipt and then
   forwarded to the Media Bureau, where an administrative examination is made
   to ascertain whether the applications are complete. Except for applications
   for minor modifications of facilities in the non-reserved FM band, as
   defined in  Sec. 73.3573(a)(2), long form applications subject to the provisions
   of  Sec. 73.5005 found to be complete or substantially complete are accepted for
   filing and are given file numbers. In the case of minor defects as to
   completeness, a deficiency letter will be issued and the applicant will be
   required to supply the missing or corrective information. Applications that
   are not substantially complete will not be considered and will be returned
   to the applicant.

   (2) In the case of minor modifications of facilities in the non-reserved FM
   band, applications will be placed on public notice if they meet the
   following two-tiered minimum filing requirements as initially filed in
   first-come/first-serve proceedings:

   (i) The application must include:

   (A) Applicant's name and address,

   (B) Applicant's signature,

   (C) Principal community,

   (D) Channel or frequency,

   (E) Class of station, and

   (F) Transmitter site coordinates; and

   (ii) The application must not omit more than three of the following
   second-tier items:

   (A) A list of the other media interests of the applicant and its principals,

   (B) Certification of compliance with the alien ownership provisions
   contained in 47 U.S.C. 310(b),

   (C) Tower/antenna heights,

   (D) Effective radiated power,

   (E) Whether the antenna is directional or omnidirectional, and

   (F) An exhibit demonstrating compliance with the contour protection
   requirements of 47 CFR 73.215, if applicable.

   (3) Applications found not to meet minimum filing requirements will be
   returned to the applicant. Applications found to meet minimum filing
   requirements, but that contain deficiencies in tender and/or acceptance
   information, shall be given an opportunity for corrective amendment pursuant
   to 73.3522 of this part. Applications found to be substantially complete and
   in accordance with the Commission's core legal and technical requirements
   will be accepted for filing. Applications with uncorrected tender and/or
   acceptance defects remaining after the opportunity for corrective amendment
   will be dismissed with no further opportunity for amendment.

   (b) Acceptance of an application for filing merely means that it has been
   the subject of a preliminary review by the FCC's administrative staff as to
   completeness. Such acceptance will not preclude the subsequent dismissal of
   the application if it is found to be patently not in accordance with the
   FCC's rules.

   (c) At regular intervals, the FCC will issue a Public Notice listing all
   long form applications which have been accepted for filing. Pursuant to
    Sec.  Sec. 73.3571(h), 73.3572, and 73.3573(f), such notice shall establish a cut-off
   date for the filing of petitions to deny. With respect to reserved band FM
   applications, the Public Notice shall also establish a cut-off date for the
   filing of mutually exclusive applications pursuant to  Sec. 73.3573(e). However,
   no application will be accepted for filing unless certification of
   compliance with the local notice requirements of  Sec. 73.3580(h) has been made
   in the tendered application.

   (d) The FCC will specify by Public Notice, pursuant to  Sec. 73.5002, a period
   for filing applications for new stations or for major modifications in the
   facilities of an existing station. Except for reserved band FM stations and
   TV stations on reserved noncommercial educational channels, applications for
   new and major modifications in facilities will be accepted only during these
   window filing periods specified by the Commission.

   (e) Applications for minor modification of facilities may be tendered at any
   time, unless restricted by the FCC. These applications will be processed on
   a “first come/first served” basis and will be treated as simultaneously
   tendered if filed on the same day. Any applications received after the
   filing of a lead application will be grouped according to filing date, and
   placed in a queue behind the lead applicant. The FCC will periodically
   release a Public Notice listing those minor modification of facilities
   applications accepted for filing.

   (f) If a non-reserved band FM channel allotment becomes vacant, after the
   grant of a construction permit becomes final, because of a lapsed
   construction permit or for any other reason, the FCC will, by Public Notice,
   announce a subsequent filing window for the acceptance of new applications
   for such channels.

   (g) Applications for operation in the 1605–1705 kHz band will be accepted
   only if filed pursuant to the terms of  Sec. 73.30(b).

   [ 63 FR 48624 , Sept. 11, 1998, as amended at  64 FR 56978 , Oct. 22, 1999;  67 FR 13233 , Mar. 21, 2002]