[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: 47CFR21.27]



[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 Sec. Sec. 21.909,



[[Page 39]]



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 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]