§  25.112   Dismissal and return of applications.

   (a) An application will be unacceptable for filing and will be returned
   to the applicant with a brief statement identifying the omissions or
   discrepancies if:

   (1) The application is defective with respect to completeness of
   answers to questions, informational showings, internal inconsistencies,
   execution, or other matters of a formal character; or

   (2) The application does not substantially comply with the Commission's
   rules, regulations, specific requests for additional information, or
   other requirements.

   (3) The application requests authority to operate a space station in a
   frequency band that is not allocated internationally for such
   operations under the Radio Regulations of the International
   Telecommunication Union, unless the application is filed pursuant to
   § 25.122 or § 25.123.

   (4) The application is identical to a pending application that was
   timely filed pursuant to § 25.157 or § 25.158.

   (b) Applications for space station authority found defective under
   paragraph (a)(3) or (a)(4) of this section will not be considered.
   Applications for authority found defective under paragraphs (a)(1) or
   (a)(2) of this section may be accepted for filing if:

   (1) The application is accompanied by a request which sets forth the
   reasons in support of a waiver of (or an exception to), in whole or in
   part, any specific rule, regulation, or requirement with which the
   application is in conflict;

   (2) The Commission, upon its own motion, waives (or allows an exception
   to), in whole or in part, any rule, regulation or requirement.

   (c) The Commission will dismiss an application for failure to prosecute
   or for failure to respond substantially within a specified time period
   to official correspondence or requests for additional information.
   Dismissal will be without prejudice unless the application is mutually
   exclusive pursuant to § 25.155, in which case it will be dismissed with
   prejudice.

   (d) An application will be dismissed without prejudice as a matter of
   right if the applicant requests its dismissal prior to final Commission
   action.

   [ 56 FR 24016 , May 28, 1991, as amended at  68 FR 51502 , Aug. 27, 2003;
    79 FR 8314 , Feb. 12, 2014;  81 FR 55326 , Aug. 18, 2016;  85 FR 43733 ,
   July 20, 2020]