[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: 47CFR21.20]



[Page 34-35]

 

                       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. 21.20  Defective applications.



    (a) Unless the Commission shall otherwise permit, an application 

will be unacceptable for filing and will be returned to the applicant 

with a brief statement as to the omissions or discrepancies if:

    (1) The application is defective with respect to completeness of 

answers to questions, informational showings, 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.

    (b) By way of illustration only, and not in any way limiting the 

scope of paragraph (a), the following are examples of common 

deficiencies which result in defective applications under paragraph (a):

    (1) The application is not properly executed;

    (2) The submitted filing fee (if a filing fee is required) is 

insufficient;

    (3) The application does not demonstrate how the proposed radio 

facilities will serve the public interest, convenience or necessity;

    (4) The application does not demonstrate compliance with the special 

requirements applicable to the radio service involved;

    (5) The application does not certify the availability of the 

proposed station site.

    (6) The application does not include the environmental assessment 

required for any significant environmental impact under the Commission's 

environmental rules (part 1, subpart I);

    (7) The application does not specify the polarization and, where 

applicable, the antenna orientation azimuth and distance;

    (8) The application does not include all necessary exhibits;



[[Page 35]]



    (9) The application is filed after the cutoff date prescribed in 

Sec. 21.31 or Sec. 21.914 of this part;

    (10) The application proposes the use of a frequency not allocated 

to such use; or

    (11) The application does not contain the FCC Registration Number 

(FRN) as required under subpart W of part 1 of this part.

    (c) Applications considered defective under paragraph (a) 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; or

    (2) The Commission, upon its own motion, waives (or allows an 

exception to), in whole or in part, any rule, regulation or requirement.

    (d) If an applicant is requested by the Commission to file any 

documents or any supplementary or explanatory information not 

specifically required in the prescribed application form, a failure to 

comply with such request within a specified time period will be deemed 

to render the application defective and will subject it to dismissal.



[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 5294, Feb. 20, 1987; 52 

FR 37779, Oct. 9, 1987; 55 FR 46009, Oct. 31, 1990; 58 FR 11797, Mar. 1, 

1993; 61 FR 26674, May 28, 1996; 66 FR 47896, Sept. 14, 2001]