[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR21.13]



[Page 31-32]

 

                       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. 21.13  General application requirements.



    (a) Each application for a license or for consent to assignment or 

transfer of control shall:

    (1) Disclose fully the real party (or parties) in interest, 

including (as required) a complete disclosure of the identify and 

relationship of those persons or entities directly or indirectly owning 

or controlling (or both) the applicant;

    (2) Demonstrate the applicant's legal, financial, technical, and 

other qualifications to be a permittee or licensee;

    (3) Submit the information required by the Commission's Rules, 

requests, and application forms;

    (4) Except for applications in the Multipoint Distribution Service 

filed on or after September 15, 1995, state specifically the reasons why 

a grant of the proposal would serve the public interest, convenience, 

and necessity.

    (5) Be maintained by the applicant substantially accurate and 

complete in all significant respects in accordance with the provisions 

of Sec. 1.65 of this chapter; and

    (6) Show compliance with the special requirements applicable to each 

radio service and make all special showings that may be applicable 

(e.g., those required by secs. 21.900, 21.912 and 21.913).

    (b) Applications filed in the Multipoint Distribution Service shall 

not cross-reference previously filed material.

    (c) In addition to the general application requirements of 

Sec. Sec. 21.13 through 21.17 of this part, applicants shall submit any 

additional documents, exhibits, or signed written statements of fact:

    (1) As may be required by the other parts of the Commission's Rules, 

and the other subparts of Part 21 (particularly Subpart C and those 

subparts applicable to the specific radio service involved); and

    (2) As the Commission, at any time after the filing of an 

application and during the term of any authorization, may require from 

any applicant, permittee, or licensee to enable it to determine whether 

a radio authorization should be granted, denied, or revoked.



[[Page 32]]



    (d) Except when the Commission has declared explicitly to the 

contrary, an informational requirement does not in itself imply the 

processing treatment of decisional weight to be accorded the response.

    (e) All applicants are required to indicate at the time their 

application is filed whether an authorization of the facilities is 

categorically excluded as defined by Sec. 1.1306 of the Commission's 

rules. If answered affirmatively, an Environmental Assessment as 

described by Sec. 1.1311, need not be filed with the application.

    (f) Whenever an individual applicant, or a partner (in the case of a 

partnership) or a full time manager (in the case of a corporation) will 

not actively participate in the day-to-day management and operation of 

proposed facilities, the applicant or licensee will submit a statement 

containing the reasons therefor and disclosing the details of the 

proposed operation, including a demonstration of how control over the 

radio facilities will be retained by the applicant. If the operation of 

a radio station is to be accomplished by contractual arrangement with an 

entity unrelated to an applicant or licensee, the applicant or licensee 

shall file a copy of the agreement or contract which shall demonstrate 

that:

    (1) The operation is accomplished according to general instructions 

provided for by the applicant;

    (2) The applicant retains effective control over the radio 

facilities and their operations; and

    (3) The applicant assumes full responsibility for both the quality 

of service and for contractor compliance with the Commission's Rules.



[44 FR 60534, Oct. 19, 1979, as amended at 47 FR 29244, July 6, 1982; 51 

FR 15003, Apr. 22, 1986; 52 FR 37778, Oct. 9, 1987; 55 FR 46008, Oct. 

31, 1990; 58 FR 19774, Apr. 16, 1993; 58 FR 44894, Aug. 25, 1993; 60 FR 

36551, July 17, 1995; 61 FR 26673, May 28, 1996]