[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: 47CFR25.112]



[Page 268-269]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 25_SATELLITE COMMUNICATIONS--Table of Contents

 

                   Subpart B_Applications and Licenses

 

Sec. 25.112  Defective applications.



    (a) An application will be unacceptable for filing and will be 

returned to the applicant with a brief statement identifying the 

omissions or discrepancies if:

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

answers to questions, informational showings, internal inconsistencies, 

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.

    (3) The application requests authority to operate a space station in 

a frequency band that is not allocated internationally for such 

operations under the Radio Regulations of the International 

Telecommunication Union.

    (b) Applications for space station authority found defective under 

paragraph (a)(3) of this section will not be considered. Applications 

for authority found defective under paragraphs (a)(1) or (a)(2) 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;

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

exception



[[Page 269]]



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

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

additional information or any supplementary or explanatory information 

not specifically required in the prescribed application form or these 

rules, a failure to comply with the request within a specified time 

period will be deemed to render the application defective and will 

subject it to dismissal.



[56 FR 24016, May 28, 1991, as amended at 68 FR 51502, Aug. 27, 2003]