[Code of Federal Regulations]

[Title 47, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR101.51]



[Page 617-618]

 

                       TITLE 47--TELECOMMUNICATION

 

                         COMMISSION (CONTINUED)

 

PART 101_FIXED MICROWAVE SERVICES--Table of Contents

 

                   Subpart B_Applications and Licenses

 

Sec. 101.51  Comparative evaluation of mutually exclusive applications.



    (a) In order to expedite action on mutually exclusive applications 

in services under this rules part where neither competitive bidding nor 

the random selection processes apply, the applicants may request the 

Commission to consider their applications without a formal hearing in 

accordance with the summary procedure outlined in paragraph (b) in this 

section if:

    (1) The applications are entitled to comparative consideration 

pursuant to Sec. 101.45;

    (2) The applications have not been designated for formal evidentiary 

hearing; and

    (3) The Commission determines, initially or at any time during the 

procedure outline in paragraph (b) of this section, that such procedure 

is appropriate, and that, from the information submitted and 

consideration of such other matters as may be officially noticed, there 

are no substantial and material questions of fact, presented (Other than 

those relating to the comparative merits of the applications) which 

would preclude a grant under Sec. 1.915 of this chapter.

    (b) Provided that the conditions of paragraph (a) of this section 

are satisfied, applicants may request the Commission to act upon their 

mutually exclusive applications without a formal hearing pursuant to the 

summary procedure outlined below:

    (1) To initiate the procedure, each applicant will submit to the 

Commission a written statement containing:

    (i) A waiver of the applicant's right to a formal hearing;

    (ii) A request and agreement that, in order to avoid the delay and 

expense of a comparative formal hearing, the Commission should exercise 

its judgment to select from among the mutually exclusive applications 

that proposal (or proposals) which would best serve the public interest; 

and

    (iii) The signature of a principal (and the principal's attorney if 

represented).

    (2) After receipt of the written requests of all of the applicants 

the Commission (if it deems this procedure appropriate) will issue a 

notice designating the comparative criteria upon



[[Page 618]]



which the applications are to be evaluated and will request each 

applicant to submit, within a specified period of time, additional 

information concerning the applicant's proposal relative to the 

comparative criteria.

    (3) Within thirty (30) days following the due date for filing this 

information, the Commission will accept concise and factual argument on 

the competing proposals from the rival applicants, potential customers, 

and other knowledgeable parties in interest.

    (4) Within fifteen (15) days following the due date for the filing 

of comments, the Commission will accept concise and factual replies from 

the rival applicants.

    (5) From time to time during the course of this procedure the 

Commission may request additional information from the applicants and 

hold informal conferences at which all competing applicants will have 

the right to be represented.

    (6) Upon evaluation of the applications, the information submitted, 

and such other matters as may be officially noticed the Commission will 

issue a decision granting one (or more) of the proposals which it 

concludes would best serve the public interest, convenience and 

necessity. The decision will report briefly and concisely the reasons 

for the Commission's selection and will deny the other application(s). 

This decision will be considered final.



[61 FR 26677, May 28, 1996, as amended at 63 FR 6104, Feb. 6, 1998; 63 

FR 68982, Dec. 14, 1998]



      License Transfers, Modifications, Conditions and Forfeitures