[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: 47CFR21.23]



[Page 35-37]

 

                       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. 21.23  Amendment of applications.



    (a)(1) Any pending application may be amended as a matter of right 

if the application has not been designated for hearing, or for 

comparative evaluation pursuant to Sec. 21.35, or for the random 

selection process, provided, however, that the amendments must comply 

with the provisions of Sec. 21.29 as appropriate and the Commission has 

not otherwise forbidden the amendment of pending applications.

    (2) A Multipoint Distribution Service application tentatively 

selected for qualification review by the random selection process may be 

amended as a matter of right up to 14 days after the date of the public 

notice announcing the tentative selection, provided, however, that the 

amendments must comply with the provisions of Sec. 21.29 as appropriate 

and the Commission has not otherwise forbidden the amendment of pending 

applications.

    (3) Provided, however, applications may not be amended if the 

amendments seek more than a pro forma change of ownership or control 

(bankruptcy, death or legal disability) of a pending Multipoint 

Distribution Service application and any amendment or application will 

be dismissed if the amendment or application seeks more



[[Page 36]]



than a pro forma change of ownership or control.

    (b) Requests to amend an application designated for hearing or for 

comparative evaluation or for tentative selection for qualification 

review by the random selection process may be granted only if a written 

petition demonstrating good cause is submitted and properly served on 

the parties of record, except that Multipoint Distribution Service 

applications tentatively selected in a random selection process may be 

amended as a matter of right as provided in paragraph (a) of this 

section. Provided, however, requests to amend applications will not be 

granted that seek more than a pro forma change of ownership or control 

(bankruptcy, death or legal disability) of a pending Multipoint 

Distribution Service application and any application seeking more than a 

pro forma change of ownership or control will be dismissed.

    (c) The Commission will classify amendments on a case-by-case basis. 

Whenever previous amendments have been filed, the most recent amendment 

will be classified by reference to how the information in question stood 

as of the latest Public Notice issued which concerned the application. 

An amendment will be deemed to be a major amendment subject to Sec. 

21.27 and Sec. 21.31 under any of the following circumstances:

    (1) If in the Multipoint Distribution Service, the amendment results 

in a substantial modification of the engineering proposal such as (but 

not necessarily limited to):

    (i) A change in, or addition of, a radio frequency channel;

    (ii) A change in polarization of the transmitted signal;

    (iii) A change in type of transmitter emission or an increase in 

emission bandwidth of more than ten (10) percent;

    (iv) A change in the geographic coordinates of a station's 

transmitting antenna of more than ten (10) seconds of latitude or 

longitude, or both;

    (v) Any change which increases the antenna height by 3.0 meters (10 

feet) or more;

    (vi) Any technical change which would increase the effective 

radiated power in any horizontal or vertical direction by more than one 

and one-half (1.5) dB; or

    (vii) Any changes or combination of changes which would cause 

harmful electrical interference to an authorized facility or result in a 

mutually exclusive conflict with another pending application.

    (2) Except during the sixty (60) day amendment period provided for 

in Sec. 21.27(d), any amendment to an application for a new or modified 

response station hub, booster station or point-to-multipoint I 

channel(s) station or to an application for a modified main station that 

reflects any change in the technical specifications of the proposed 

facility, includes any new or modified analysis of potential 

interference to another facility or submits any interference consent 

from a neighboring licensee, shall result in the application being 

assigned a new file number and being treated as newly filed.

    (3) If the amendment would convert a proposal, such that it may have 

a significant impact upon the environment under Sec. 1.1307 of the 

Commission's rules, which would require the submission of an 

environmental assessment, see Sec. 1.1311 of this chapter, and 

Commission environmental review, see Sec. Sec. 1.1308 and 1.1312 of 

this chapter.

    (4) If the amendment results in a substantial and material 

alteration of the proposed service.

    (5) If the amendment specifies a substantial change in benefical 

ownership or control (de jure or de facto) of an applicant such that the 

change would require, in the case of an authorized station, the filing 

of a prior assignment or transfer of control application under section 

310(d) of the Communications Act of 1934 [47 U.S.C. 310(d)]. Such a 

change would not be considered major where the assignment or transfer of 

control is for legitimate business purposes other than the acquisition 

of applications.

    (6) If the amendment, or the cumulative effect of the amendment, is 

determined by the Commission otherwise to be substantial pursuant to 

section 309 of the Communications Act of 1934.

    (d) The applicant must serve copies of any amendments or other 

written



[[Page 37]]



communications upon the following parties:

    (1) Any applicant whose application appears on its face to be 

mutually exclusive with the application being amended, including those 

applicants originally served under Sec. 21.902;

    (2) Any applicant whose application has been found by the 

Commission, as published in a public notice, to be mutually exclusive 

with the application being amended; and

    (3) Any party who has filed a petition to deny the application or 

other formal objection, when that petition or formal objection has not 

been resolved by the Commission.

    (e) The Commission may waive the service requirements of paragraph 

(e) of this section and prescribe such alternative procedures as may be 

appropriate under the circumstances to protect petitioners' interests 

and to avoid undue delay in a proceeding, if an applicant submits a 

request for waiver which demonstrates that the service requirement is 

unreasonably burdensome. Requests for waiver shall be served on 

petitioners. Oppositions to the petition may be filed within five (5) 

days after the petition is filed and shall be served on the applicant. 

Replies to oppositions will not be entertained.

    (f) Any amendment to an application shall be signed and shall be 

submitted in the same manner, and with the same number of copies, as was 

the original application. Amendments may be made in letter form if they 

comply in all other respects with the requirements of this chapter.



[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981; 

50 FR 5992, Feb. 13, 1985; 50 FR 45614, Nov. 1, 1985; 52 FR 37779, Oct. 

9, 1987; 55 FR 20397, May 16, 1990; 56 FR 57816, Nov. 14, 1991; 58 FR 

11797, Mar. 1, 1993; 58 FR 44894, Aug. 25, 1993; 61 FR 26674, May 28, 

1996; 64 FR 63730, Nov. 22, 1999; 65 FR 46617, July 31, 2000]