[Code of Federal Regulations]
[Title 47, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR21.27]

[Page 38-39]
 
                       TITLE 47--TELECOMMUNICATION
 
                    CHAPTER I--FEDERAL COMMUNICATIONS
                         COMMISSION (CONTINUED)
 
PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES--Table of Contents
 
                  Subpart B--Applications and Licenses
 
Sec. 21.27  Public notice period.

    (a) At regular intervals, the Commission will issue a public notice 
listing:
    (1) The acceptance for filing of applications and major amendments 
thereto;
    (2) Significant Commission actions concerning applications;
    (3) The filing of certifications of completion of construction;
    (4) The receipt of applications for minor modifications made 
pursuant to Sec. 21.41;
    (5) Information which the Commission in its discretion believes of 
public significance; and
    (6) Special environmental considerations as required by part 1 of 
this chapter.
    (7) The BTAs designated for licensing through the competitive 
bidding process and the filing date for short-form applications for 
those areas;
    (8) The auction winners in the competitive bidding process;
    (b) A public notice will not normally be issued for any of the 
following applications:
    (1) For authorization of a minor technical change in the facilities 
of a proposed or authorized station where such a change would not be 
classified as a major amendment to a pending application, as defined by 
Sec. 21.23, or as a minor modification to a license pursuant to 
Sec. 21.41;
    (2) For temporary authorization pursuant to Sec. 21.25;
    (3) For an authorization under any of the proviso clauses of section 
308(a) of the Communications Act of 1934 (47 U.S.C. 308(a));
    (4) For consent to an involuntary assignment or transfer of control 
of a radio authorization; or
    (5) For consent to a voluntary assignment or transfer of control of 
a radio authorization, where the assignment or transfer does not involve 
a substantial change in ownership or control.
    (c) Except as otherwise provided in this part (e.g., Sec. 21.41), no 
application that has appeared on public notice will be granted until the 
expiration of a period of thirty days following the issuance of the 
public notice listing the application, or any major amendment thereto, 
or until the expiration of a period of thirty days following the 
issuance of a public notice identifying the tentative selectee of a 
random selection process, whichever is later.
    (d) Notwithstanding any other provisions of this part, effective as 
of September 17, 1998, there shall be one one-week window, at such time 
as the Commission shall announce by public notice, for the filing of 
applications for 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 Secs. 21.909, 21.913 and 74.939(l) of this chapter. 
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 
conditional licensee or licensee of the station that would receive such 
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 new or modified response station 
hub, booster station and I channels point-to-multipoint transmissions 
licenses may be filed and will be processed in accordance with the 
provisions of

[[Page 39]]

Sec. Sec. 21.909, 21.913 and 74.939(l) of this chapter. Notwithstanding 
Sec. 21.31, 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. 21.30(a), 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, 
the conditional licensee or 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.

[52 FR 37779, Oct. 9, 1987, as amended at 54 FR 10327, Mar. 13, 1989; 60 
FR 36552, July 17, 1995; 61 FR 26674, May 28, 1996; 63 FR 65101, Nov. 
25, 1998; 64 FR 4054, Jan. 27, 1999]