Sec.  74.911   Processing of ITFS station applications.

   

   (a) Applications for ITFS stations are divided into three groups:

   (1) In the first group are applications for new stations. These
   applications are subject to the provisions of paragraph (c) of this
   section.

   (2) In the second group are applications for major changes in the
   facilities of authorized stations. A major change for an ITFS station
   will be any proposal to add new channels, change from one channel (or
   channel group) to another, except as provided for in Sec. 74.902(f),
   change polarization, increase the EIRP in any direction by more than
   1.5 dB, increase the transmitting antenna height by 25 feet or more,
   or relocate a facility's transmitter site by 10 miles or more. Major
   change applications are subject to paragraphs (d) and (e) of this
   section.

   (3) The third group consists of applications for all other 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)(2) of this section, or results 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 has
   taken place if, upon consummation, the application is amended to
   reflect the new ownership.

   (c)(1) The FCC will specify by Public Notice, pursuant to Sec. 73.5002, a
   period for filing ITFS applications for a new station. Such ITFS
   applicants shall be subject to the provisions of Sec. 1.2105 and the ITFS
   competitive bidding procedures. See  47 FR 73 .5000, et. seq.

   (2) The requirements of this section apply to a wireless cable entity
   requesting to be licensed on ITFS frequencies pursuant to Sec. 74.990.

   (d) Notwithstanding any other provisions of this part, effective as of
   September 17, 1998, there shall be a one-week window, at such time as
   the Commission shall announce by public notice, for the filing of
   applications for all major changes, high-power signal booster station,
   response station hub, and I channels point-to-multipoint transmissions
   licenses, during which all applications shall be deemed to have been
   filed as of the same day for purposes of 74.939 and 74.985. Following
   the publication of a public notice announcing the tendering for filing
   of applications submitted during that window, applicants shall have a
   period of sixty (60) days to amend their applications, provided such
   amendments do not result in any increase in interference to any
   previously-proposed or authorized station, or to facilities proposed
   during the window, absent consent of the applicant for or licensee of
   the station that would receive such additional interference. At the
   conclusion of that sixty (60) day period, the Commission shall publish
   a public notice announcing the acceptance for filing of all
   applications submitted during the initial window, as amended during
   the sixty (60) day period. All petitions to deny such applications
   must be filed within sixty (60) days of such second public notice. On
   the sixty-first (61st) day after the publication of such second public
   notice, applications for major changes, new or modified response
   station hub, high powered signal booster and booster station licenses
   may be filed and will be processed in accordance with the provisions
   of 74.939 and 74.985. Each application submitted during the initial
   window shall be granted on the sixty-first (61st) day after the
   Commission shall have given such public notice of its acceptance for
   filing, unless prior to such date either a party in interest timely
   files a formal petition to deny or for other relief pursuant to
   Sec. 74.912, or the Commission notifies the applicant that its application
   will not be granted. Where an application is granted pursuant to the
   provisions of this paragraph, licensee shall maintain a copy of the
   application at the transmitter site or response station hub until such
   time as the Commission issues a license.

   (e) Except as provided in paragraph (d) of this section, major change
   applications may be filed at any time. Except during the sixty (60)
   day amendment period provided for in paragraph (d) of this section,
   any amendment to a major change application that reflects any change
   in the technical specifications of the proposed facility, includes any
   new or modified analysis of potential interference to another
   facility, or submits any interference consent from a neighboring
   licensee, shall cause the application to be considered newly-filed.
   Notwithstanding any other provision of part 74, major change
   applications meeting the requirements of part 74 shall cut-off
   applications that are filed on a subsequent day for facilities that
   would cause harmful electromagnetic interference to the facilities
   proposed in the major change application. A facility proposed in a
   major change application shall not be entitled to protection from
   interference caused by any facilities proposed on or prior to the day
   the major change application is filed. A facility proposed in a major
   change application shall not be required to protect from interference
   facilities proposed on or after the day the major change application
   is filed. Except as provided by paragraph (d) of this section, any
   petition to deny a major change application shall be filed no later
   than the sixtieth (60th) day after the date of public notice
   announcing the filing of such application. Except as provided in
   paragraph (d) of this section a major change application that meets
   the requirements of part 74 shall be granted on the sixty-first (61st)
   day after the Commission shall have given public notice of the
   acceptance for filing of it, unless prior to such date either a party
   in interest files a timely petition to deny or files for other relief
   pursuant to Sec. 74.912, or the Commission notifies the applicant that its
   application will not be granted at such time. Where an application is
   granted pursuant to the provisions of this paragraph, the licensee
   shall maintain a copy of the application at the facility until such
   time as the Commission issues a license for that facility's
   operations.

   [ 64 FR 63738 , Nov. 22, 1999, as amended at  65 FR 46620 , July 31, 2000]