§  73.3591   Grants without hearing.

   (a) Except for renewal applications filed after May 1, 1995 which will
   be subject to paragraph (d) of this section, in the case of any
   application for an instrument of authorization, other than a license
   pursuant to a construction permit, the FCC will make the grant if it
   finds (on the basis of the application, the pleadings filed or other
   matters which it may officially notice) that the application presents
   no substantial and material question of fact and meets the following
   requirements:

   (1) There is not pending a mutually exclusive application filed in
   accordance with paragraph (b) of this section;

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

   (3) The applicant is not in violation of provisions of law, the FCC
   rules, or established policies of the FCC; and

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

   (b) In making its determinations pursuant to the provisions of
   paragraph (a) of this section, the FCC will not consider any other
   application, or any application if amended so as to require a new file
   number, as being mutually exclusive or in conflict with the application
   under consideration unless such other application was substantially
   complete, and tendered for filing by:

   (1) The close of business on the day preceding the day designated by
   Public Notice as the day the listed application is to be available and
   ready for processing;

   (2) The date prescribed in § 73.3516(e) in the case of applications
   which are mutually exclusive with applications for renewal of license
   of broadcast stations; or

   (3) The close of business on the day designated by the FCC pursuant to
   § 73.3564(d) as the date(s) for filing low power TV or TV translator
   applications.

   (c) If a petition to deny the application has been filed in accordance
   with § 73.3584 and the FCC makes the grant in accordance with paragraph
   (a) of this section, the FCC will deny the petition and issue a concise
   statement setting forth the reasons for denial and disposing of all
   substantial issues raised by the petition.

   (d) Renewal applications filed after May 1, 1995 will be governed by
   the criteria established in 47 U.S.C. § 309(k).

   [ 44 FR 38507 , July 2, 1979, as amended at  50 FR 47844 , Dec. 7, 1984;  59 FR 31557 , June 20, 1994;  61 FR 18291 , Apr. 25, 1996]