[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: 47CFR21.32]



[Page 43-44]

 

                       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. 21.32  Consideration of applications.



    (a) Applications for an instrument of authorization will be granted 

if, upon examination of the application and upon consideration of such 

other matters as it may officially notice, the Commission finds that the 

grant will serve the public interest, convenience, and necessity.

    (b) The grant shall be without a formal hearing if, upon 

consideration of the application, any pleadings of objections filed, or 

other matters which may be officially noticed, the Commission finds 

that:

    (1) The application is acceptable for filing, and is in accordance 

with the Commission's rules, regulations, and other requirements;

    (2) The application is not subject to comparative consideration 

(pursuant to Sec. 21.31) with another application (or applications), 

except where the competing applicants have chosen the comparative 

evaluation procedure of Sec. 21.35 and a grant is appropriate under 

that procedure;

    (3) A grant of the application would not cause harmful electrical 

interference to an authorized station;

    (4) There are no substantial and material questions of fact 

presented; and

    (5) The applicant is legally, technically, financially and otherwise 

qualified, and a grant of the application would serve the public 

interest.

    (c) If the Commission should grant without a formal hearing an 

application for an instrument of authorization which is subject to a 

petition to deny filed in accordance with Sec. 21.30, the Commission 

will deny the petition by the issuance of a Memorandum Opinion and Order 

which will concisely report the reasons for the denial and dispose of 

all substantial issues raised by the petition.

    (d) Whenever the Commission, without a formal hearing, grants any 

application in part, or subject to any terms or conditions other than 

those normally applied to applications of the same type, it shall inform 

the applicant of the reasons therefor, and the grant shall be considered 

final unless the Commission should revise its action (either by granting 

the application as originally requested, or by designating the 

application for a formal evidentiary hearing) in response to a petition 

for reconsideration which:

    (1) Is filed by the applicant within thirty (30) days from the date 

of the letter or order giving the reasons for the partial or conditioned 

grant;



[[Page 44]]



    (2) Rejects the grant as made and explains the reasons why the 

application should be granted as originally requested; and

    (3) Returns the instrument of authorization.

    (e) The Commission will designate an application for a formal 

hearing, specifying with particularity the matters and things in issue, 

if, upon consideration of the application, any pleadings or objections 

filed, or other matters which may be officially noticed, the Commission 

determines that:

    (1) A substantial and material question of fact is presented;

    (2) The Commission is unable for any reason to make the findings 

specified in paragraph (a) of this section and the application is 

acceptable for filing, complete, and in accordance with the Commission's 

rules, regulations, and other requirements.

    (3) The application is entitled to comparative consideration (under 

Sec. 21.31) with another application (or applications); or

    (4) The application is entitled to comparative consideration 

(pursuant to Sec. 21.31) and the applicants have chosen the comparative 

evaluation procedure of Sec. 21.35 but the Commission deems such 

procedure to be inappropriate.

    (f) The Commission may grant, deny, or take other action with 

respect to an application designated for a formal hearing pursuant to 

paragraph (e) of this section or part 1 of this chapter.

    (g) Whenever the public interest would be served thereby the 

Commission may grant one or more mutually exclusive applications 

expressly conditioned upon final action on the applications, and then 

either conduct a random section process (in specified services under 

this rules part), designate all of the mutually exclusive applications 

for a formal evidentiary hearing or (whenever so requested) follow the 

comparative evaluation procedures of Sec. 21.35, as appropriate, if it 

appears:

    (1) That some or all of the applications were not filed in good 

faith, but were filed for the purpose of delaying or hindering the grant 

of another application;

    (2) That the public interest requires the prompt establishment of 

radio service in a particular community or area;

    (3) That a delay in making a grant to any applicant until after the 

conclusion of a hearing or a random selection proceeding on all 

applications might jeopardize the rights of the United States under the 

provision of an international agreement to the use of the frequency in 

question; or

    (4) That a grant of one application would be in the public interest 

in that it appears from an examination of the remaining applications 

that they cannot be granted because they are in violation of provisions 

of the Communications Act, other statutes, or of the provisions of this 

chapter.

    (h) Reconsideration or review of any final action taken by the 

Commission will be in accordance with subpart A of part 1 of this 

chapter.



[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985]