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(6) If control of said licensee corporation is to be transferred by involuntary means, a certified copy of the court order or other legal instrument effecting the transfer of control, showing all the terms and conditions thereof, including the consideration therefor;

(7) If control is to be transferred to a corporation, a copy of the Articles of Incorporation, properly certified by the Secretary of State of the state in which the corporation is incorporated;

(8) A list of names, nationalities, and addresses of incorporators, directors, and officers and of all stockholders owning 5 percent or more of the stock of said assignee corporation and all corporations controlling said assignee; and

(9) Applicants for the Commission's consent to the transfer of control of a licensed corporation must join in a statement under oath as to whether there are contracts, agreements or understandings (other than the one submitted under subparagraph (5) of this paragraph), whether written or oral, which may in anywise affect or concern the transfer contemplated, the financial arrangements between the parties, the equipment of the station or its operation or supervision. If there are no such contracts or understandings, the statement should clearly evidence this fact; if there are any such contracts, full and complete copies thereof properly executed must be submitted. Action will not be had on any such application until this information is fully supplied.* (Sec. 310 (b), 48 Stat. 1086; 47 U.S.C. 310 (b)) [Rule 103.18]

1.84 Special authorizations. Upon proper request by the licensee of a broadcast station, or by the licensee of, or applicant for, a service other than broadcasting, the Commission may grant special temporary authority for the operation of a station for a limited time, or in a manner and to an extent, or for a service other or beyond that authorized in its existing license; Provided, however, That if request is for a broadcast station to utilize additional hours of operation, approval may not be granted if another broadcast station is licensed to operate in the same locality during the hours requested. In any event, no such request will be considered unless:

(a) It is received in the Commission at least 10 days previous to the date of proposed operation.

(b) If request is for operation upon a clear channel, it shall be supported by the consent of the dominant clear channel station.

(c) Request for any frequency shall be supported by the consent of each station licensed for operation upon the frequency where consenting station is located at a distance less than that given in the latest published table of recommended separations.

(d) Request made by a sharing time station shall be supported by the consent of the station with which the licensee requesting the same shares time.

Consent shall be forwarded direct to the Commission by the consenting station and shall show whether the same is for simultaneous operation or whether consenting station is giving up the time sought by applicant.

Any or all of the foregoing requirements of paragraphs (a), (b), (c), (d), may be waived by the Commission in cases of emergency,

**For statutory and source citations, see note to § 1.1.

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the nature of which shall be fully explained by the licensee in the request for authorization.*t [Rule 103.19]

ACTION ON APPLICATIONS

1.91 Defective applications. If an applicant, by specific request of the Commission, is required to file any documents or information not included in the prescribed application forms, a failure to comply therewith shall constitute a defect in the application, and the application will not be considered by the Commission. Any application which is not filed in accordance with the Commission's regulations with respect to the form used, manner of execution and completeness of answer to questions therein required, will not be considered by the Commission. Each such application shall be returned to the applicant by the Secretary of the Commission, together with a brief statement of the respect in which it is defective.* [Rule 104.1]

1.92 Secretary to prepare weekly report on progress of applications. The Secretary is hereby directed to prepare each week a report listing all applications which have been filed during the preceding week for the issuance, renewal, modification, transfer, or revocation of licenses, construction permits or certificates of convenience and necessity, as well as all rate schedules filed. Such report shall also show what, if any, action has been taken by the Commission during the preceding week with respect to designation of any of said applications for hearing, the setting of a date for a hearing on any such application, the granting or denial of petitions for intervention, continuance, etc., as well as final action on any of such applications by the Commission. It shall not be necessary for the Secretary to include in such report any information with respect to either the filing of or action upon applications for operator's, amateur, itinerant aircraft, or ship licenses or permits, or the modification or renewal thereof, nor of applications for temporary privileges such as special broadcasts, etc., nor of applications for emergency services.* [Order 26, FCC, Nov. 10, 1937, 2 F.R. 2528]

1.93 Copies of report mailed to Congress and State officials. The Secretary is also directed to mail a copy of such report to all Senators, members of, and delegates to the House of Representatives and Governors of the several States, as well as the utility commissions of such States. The Secretary shall include with such report a request that all such persons shall advise the Commission whether they desire to appear either in person or by accredited representative at a hearing on any application listed in said report as having been filed with the Commission, when and if such matter shall be set down for hearing, in order that they may inform the Commission as to any public interest involved in the matter. [Order 26, FCC, Nov. 10, 1937, 2 F.R. 2528]

No application for a construction permit specifying a directional antenna will be accepted by the Commission unless a definite site and full details of the directional antenna are given with the application. Any application not complete in these details will be returned to the applicant as "incomplete" under §§ 1.91, 1.74. [FCC, BD, Jan. 21, 1936]

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*For statutory and source citations, see note to § 1.1.

1.94 Commission to be notified of desire to be heard. The Secretary is also directed to request such persons to advise any State or municipal officials charged with the duty of protecting the public interest likely to be affected by the granting or denial of any such application that such an application has been filed and that such public official should advise the Commission if he desires to appear either in person or by accredited representative at a hearing on such application when and if the matter is set down for hearing. [Order 26, FCC, Nov. 10, 1937, 2 F.R. 2528]

1.95 Applications under section 214 of the Act. Upon receipt of an application filed under section 214 of the Act, the Commission will cause notice of the filing of such application, together with copies of the same, to be given to the Governor and State Commission of each State having jurisdiction over the carrier, in the States in which the additional or extended line, or any part thereof, is proposed to be constructed or operated, with the request that they advise the Commission if they desire to be heard in the matter. Such notice may also be given to any other person or party, and in any manner the Commission deems proper. If any party so notified, as provided herein, requests a hearing upon the application, the Commission will order a hearing and will give notice to all parties of the time and place thereof: Provided, however, That the Commission may, upon application, grant authority to furnish temporary or emergency service, or to supplement existing facilities, in whole or in part, and upon such terms as it may prescribe, without notice or hearing.*t (Sec. 214 (b), 48 Stat. 1076; 47 U.S.C. 214 (b)) [Rule 104.2]

1.96 Applications under section 221 of the Act. Upon receipt of an application filed under section 221 of the Act, the Commission will order a hearing upon the same, and will give reasonable notice in writing of the time and place thereof to the Governor of each of the States in which the physical property affected, or any part thereof, is situated, and to the State Commission of such States having jurisdiction over telephone companies, and to such other person or party as it may deem advisable. A copy of the application will be furnished such parties together with the notice as above provided.*+ [Rule 104.3]

1.101 Conditional grants without hearing. When upon application any instrument of authorization is granted by the Commission without a hearing pursuant to section 309 (a) of the Act (48 Stat. 1085, 47 U.S.C. 309 (a)), such grant shall remain conditional for a period of not less than 30 days from the date on which public announcement thereof is made, or from its effective date, if a later date is specified, during which 30 days any person aggrieved or whose interests may be adversely affected may obtain a hearing upon such an application by filing a protest as set forth in § 1.153 (b).

Upon the filing of such a protest, the application involved will be set for hearing in the same manner in which other applications are set for hearing, and the applicant and other interested parties notified. Pending hearing upon any protest, the effective date of the Commission's action to which said protest is directed, shall be postponed to the date of the Commission's decision after hearing, unless the authori

*For statutory and source citations, see note to § 1.1.

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zation involved in such grant is necessary to the maintenance or conduct of an existing service, in which event the Commission may, in its discretion, authorize the applicant to utilize the facilities or authorization in question pending the Commission's decision after hearing. If no protest is filed in accordance with the foregoing, and within the time limited, or if a protest is filed, but is withdrawn by the protestant before hearing thereon, the action of the Commission in granting the application in question shall become absolute and final without further action of the Commission.*+ [Rule 104.4]

1.102 Partial grants without hearing. Where any application is granted in part, or with any privileges, terms, or conditions other than those requested, pursuant to § 1.101 and without a hearing thereon, the action of the Commission shall be considered as granting such application unless the applicant shall, within 30 days from the date on which public announcement of such grant is made, or from its effective date, if a later date is specified, file with the Commission a written request for a hearing with respect to the part, or with respect to the privileges, terms, or conditions, not granted. The request for hearing shall be accompanied by a statement in writing of the facts which the applicant expects to prove upon such hearing. Upon the receipt of such request, and statement in proper form, the application will be set for hearing in the same manner as other applications are set for hearing, and the applicant and other parties in interest notified thereof. Within a period of 10 days from the receipt of such notice of hearing, the applicant shall deliver or mail a copy of the statement of facts to be proved by it to all other parties notified of the hearing, and shall file with the Commission an affidavit stating that this requirement has been met. Pending such hearing the effective date of the action of the Commission with respect to such application shall be postponed to the date of said decision after hearing.*t [Rule 104.5]

1.103 Applications designated for hearing. In cases where the application is proper upon its face but the Commission is unable to determine, without a hearing on the merits, that the granting of such application, either in whole or in part, would serve public interest, convenience, or necessity, and that the granting of such application, either in whole or in part, would not aggrieve or adversely affect the interest of any licensee or any person having a pending application, the Commission will designate the same for hearing and the following procedure will govern:

(a) The Secretary shall forthwith mail a written notice to the applicant setting forth the action of the Commission (together with such statement of the Commission's reasons there for as shall be appropriate to the nature of the application), the time and place for hearing, and a list of the other parties notified thereof.

(b) In order to avail himself of the opportunity to be heard, the applicant shall, within 15 days of the mailing of the notice by the Secretary, file with the Commission a written appearance and statement of his desire to be heard, in accordance with § 1.157.

Within 25 days of the mailing of the notice of hearing as aforesaid, any respondent who desires to participate in the hearing, shall file

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*For statutory and source citations, see note to § 1.1.

with the Commission his answer to any such appearance in accordance with § 1.158.

(c) In case no appearance or statement in writing of the facts to be proved upon such hearing is filed by the applicant within the time so specified, the hearing will be canceled, the applicant deemed in default, his application denied, and the Secretary shall so notify the applicant and other parties to the hearing.

(d) In case the appearance and statement in writing of the facts to be proved is duly and seasonably filed, the application will be entered upon the hearing docket.

(e) If at the date set for hearing, the applicant does not appear and offer evidence in support of his said application, a default will be entered, and the Commission will deny the application.

(f) After a hearing has been held in accordance with the foregoing, the Commission may grant the application, deny it, or grant it in part, or deny it in part.*t (Secs. 309 (a), 319, 48 Stat. 1085, 1089; 47 U.S.C. 309 (a), 319) [Rule 104.6]

1.104 Repetitious applications. Where an applicant has more than one application pending for essentially the same instrument of authorization, with respect to the character of station, type of service, and the territory sought to be served, the Commission shall determine which of such applications shall be first considered by it.

Where an applicant has an application pending and undecided, no other inconsistent or conflicting application filed by or upon behalf of the same party will be accepted for consideration.

Where an applicant has been afforded an opportunity to be heard with respect to a particular application, and the Commission has, after hearing or default, denied the application, or dismissed it with prejudice, it will not consider or designate for hearing another application by the same applicant, or for his successor or assignee, until after the lapse of periods of time as follows:

(a) Where the second application is for exactly or substantially the same instrument of authorization with respect to class of station, the privileges, terms, and conditions requested, and the territory sought to be served, a period of 12 months must elapse from and after the date of the denial of the first application.

(b) Where the second application is for the same kind of instrument of authorization, but differs materially from the first application as to class of station, the privileges, terms, and conditions requested, or the territory sought to be served, a period of 6 months must elapse from and after the date of the denial of the first application.

The foregoing provisions shall have no application where, since the denial of the first application, there has been a material change in the facilities available for designation to the particular service sought to be established in the territory sought to be served.* [Rule 101.7]

1.105 Applications pending appeal from decisions of the Commission. Where an appeal has been taken from the action of the Commission in denying a particular application, another application for the same kind of instrument of authorization, with respect to the type of service and territory sought to be served, filed by the same

**For statutory and source citations, see note to § 1.1.

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