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scribed by the Commission; Provided, however, That in emergency cases the Commission may waive the requirements of formal application.*+ [Rule 103.1]
1.62 Amendments. Amendments to any application may be made as a matter of course, if filed with the Commission, and served upon all parties of record not less than 30 days prior to the date set for hearing on such application.*+ [Rule 103.2]
1.63 Amendments within 30 days of hearing; discretionary. Amendments to any application filed within 30 days of a hearing may be allowed in the discretion of the Commission, upon petition, and upon such terms as the Commission shall impose.** [Rule 103.3]
1.64 Amendments ordered. The Commission may, upon its own motion, or upon motion of any party to the proceeding, order the applicant to amend his application so as to make the same more definite and certain.*+ [Rule 103.4]
1.65 Form of amendments. Any amendment to an application shall be subscribed and verified in the same manner as was the original application.** [Rule 103.5]
APPLICATIONS UNDER TITLE III OF THE ACT (RADIO)
1.71 Forms prescribed by the Commission. Each application for an instrument of authorization shall be made in writing, under oath of the applicant, on a form prescribed and furnished by the Commission; Provided, however, That in emergency cases the Commission may waive the requirements of formal application, with respect to applications for licenses, renewals or modification thereof for stations on vessels or aircraft of the United States pursuant to section 308 (a) of the Act (48 Stat. 1084; 47 U.S.C. 308 (a)). Separate application shall be filed for each instrument of authorization requested: Provided, however, that in cases where a single licensee holds a number of licenses identical in their terms with the exception of locality, a single application may be filed for renewal or modification of such licenses, where such single application sets forth in detail and in unmistakable terms, an accurate description of the individual licenses sought to be renewed or modified. The required forms may be obtained from the Commission or from any of its field offices. (A list of such offices and related geographical districts can be obtained from the Commission upon request.)*+ [Rule 103.6]
1.72 Place of filing; number of copies. Each application for construction permit or station license, with respect to the number of copies and place of filing, shall be submitted as follows:
Number of application forms required
and method of filing
except broadcast and ama- trict #14, Seattle, Washington.
teur, (b) Aircraft
1 copy direct to Washington, D. C. (c) Geophysical
**For statutory and source citations, see note to 8 1.1.
Class of station
Number of application forms required
and method of filing (d) Portable (all classes, except 2 copies direct to Washington, D. C.
amateur and broadcast pick
up). (e) Ship
1 copy direct to Washington, D. C. (f) All other classes, except ama- 2 copies direct to Washington, D. C.
teur. (g) Amateur
1 copy to be sent as follows: (1) to proper
district office if it requires personal appearance for operator examination under direct supervision from that office; (2) direct to Washington, D. C., in all other cases, including examinations for Class o
privileges. ** [Rule 103.7]
1.73 Amendments and withdrawals; when permitted. Where other parties will not be aggrieved or adversely affected thereby, an applicant may amend or withdraw his application without prejudice, at any time up to the conclusion of a hearing thereon.
Where such amendment changes the frequency, power, hours of operation, equipment, location of station (or points of communication or approximate location in case of stations other than broadcast), or such amendment or withdrawal aggrieves or adversely affects other parties, no amendment to, or withdrawal of, any application will be permitted without prejudice, unless such amendment is filed, or such withdrawal is requested, not later than 30 days before said hearing.** [Rule 103.8]
1.74 Specification of frequency. Each application shall be specific with regard to frequency or frequencies, power, hours of operation, and all other terms of the instrument of authorization requested." An application for broadcast facilities in the band 550 kc. to 1,600 kc. shall be limited to one specific frequency. An application for a radio station construction permit or license requesting alternative facilities will not be accepted.** (Secs. 308 (b), 319, 48 Stat. 1084, 1089; 47 U.S.C. 308 (b), 319) [Rule 103.9]
1.75 Removal or installation of transmitting apparatus. Applications for construction permit or modification thereof, involving removal of existing transmitting apparatus and/or installation of new transmitting apparatus, shall be filed at least 60 days prior to the contemplated removal and/or installation.*+ [Rule 103.10]
1.76 Extension of time of construction. Any application for extension of time within which to commence and/or complete construction of a station, shall be filed at least 30 days prior to the expiration date of such permit. No application for extension of a permit already forfeited will be granted, except upon a satisfactory, showing to the Commission of sufficient reasons for the delay in filing such application.*1 [Rule 103.11]
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 88 1.74, 1.91. (FCC, BD, Jan. 21, 1936]
**For statutory and source citations, see note to 8 1.1.
Page 9 Page 10
1.77 License following construction permit. In all cases where a construction permit is required by section 319 of the Act for the construction of a station, the application for station license (or for station license or modification thereof, if for station other than broadcast) shall be filed by permittee or its lawful assignee, after consent of Commission to the assignment, prior to service or program tests.** [Rule 103.12]
1.78 License where construction permit not required; when filed. Each application for new license, where a construction permit is not a prerequisite thereto, shall be filed at least 60 days prior to the contemplated operation of the station; Provided, however, That in emergency and for good cause shown, the Commission may waive the requirements of this section.*+ [Rule 103.13]
1.79 Modification of license; when filed. An application for modification of license may be filed for change in frequency, change in operating power where no construction is necessary, change in hours of operation, change in location of main studio (if a broadcast station), change in points of communication, and/or change in nature of authorized service (in case of stations other than broadcast) and to cover construction permit issued to authorize the addition to, modification, or replacement of equipment in an existing licensed station. Except when filed to cover construction permit each application for modification of license shall be filed at least 60 days prior to the contemplated modification of license; Provided, however, That in emergencies and for good cause shown, the Commission may waive the requirements hereof insofar as time for filing is concerned.*+ [Rule 103.14]
1.80 Renewal of license; when filed. Unless otherwise directed by the Commission, each application for renewal of license shall be filed at least 60 days prior to the expiration date of the license sought to be renewed.* † [Rule 103.15]
1.81 Application called for by the Commission. Whenever the Commission regards an application for a renewal of license as essential to the proper conduct of a hearing or investigation, and specifically directs that the same be filed by a date certain, such application shall be filed within the time thus specified. If the licensee fails to file such application within the prescribed time, the hearing or investigation shall proceed as if such renewal application had been received.** [Rule 103.16]
1.82 Extension of station and operator license. Where there is pending before the Commission any application, investigation, or proceeding which, after hearing, might lead to or make necessary the modification of, revocation of, or the refusal to renew an existing license, or the suspension of an operator's license, the Commission may, in its discretion grant a temporary extension of such license; Provided, however, That no such temporary extension shall be construed as a finding by the Commission that the operation of any radio station thereunder, or use of the operator's license will serve public interest, convenience and necessity beyond the express terms of such temporary extension of license, and provided further, That such temporary
**For statutory and
e citations, see note to s 1.1.
extension of license will in no wise affect or limit the action of the Commission with respect to any pending application or proceeding. ** [Rule 103.17]
1.83 Assignment or transfer of control. An application for consent to assignment of a construction permit or license, or for consent to transfer of control of a corporation holding a construction permit or license, shall be filed with the Commission at least 60 days prior to the contemplated effective date of assignment or transfer of control.
If the assignment of property of a station, or transfer of control of a licensee corporation is voluntary, the appropriate application shall be fully executed by both assignor and assignee and, if involuntary, by assignee only.
In support of each such application affecting a radio station there shall be submitted under oath or affirmation, in addition to the information required by the forms furnished by the Commission, in properly marked exhibits, the following information:
(a) If the application is for transfer of license. (1) A complete detailed list of all the items of property and assets of the station, including intangibles; real property must be listed separately showing both the buildings and land. If no real property is involved, applicant must so state.
(2) A similar list showing with reference to the items of property and assets given: (i) The original cost to the licensee, when and from whom purchased; (ii) the present depreciated value and method of computing depreciation, and the replacement value and method of determining same. This information may be given on one sheet in different columns, and the total of each column must be given. Applicant must show the latest tax assessed value, separately of buildings and land, together with the date of assessment. If the real estate has not been recently assessed or has not been assessed at full value, applicant must submit a report of independent appraisal of the realty, showing date said assessment was made, together with the name of the
(3) A profit and loss statement of the assignor showing receipts and disbursements in detail and also profit or loss for a period of 6 months preceding the filing of the application;
(4) A financial statement of the assignee showing in detail the items of assets and liabilities and assignee's financial ability to continue the operation of the station in the public interest, together with the date of said statement.
(5) Where the assignment is voluntary, an executed copy of the contract or lease agreement which must provide (i) that assignee shall have complete control of the station, its equipment and operation, including unlimited supervision of programs to be broadcast, (ii) transfer shall be subject to the consent of the Commission, and (iii) the price, whether paid or promised, and all the terms and conditions of the proposed sale or transfer;
(6) Where assignment of property of the station is involuntary, a certified copy of the court order or other legal instrument effecting
**For statutory and source citations, see note to 8 1.1.
the transfer, showing all the terms and conditions under which the transfer is made, including the consideration therefor;
(7) A copy of the Articles of Incorporation of the assignee, if a corporation, showing its power to engage in radio broadcasting, certified by the Secretary of State of the state in which the assignee is incorporated;
(8) A list of names, nationalities, and addresses of incorporators, directors, and officers and of all stockholders owing 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 a license from one licensee to another 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.
(b) If the application is for transfer of control of a licensee corporation. (1) A complete detailed list of all the items of property and assets of the station, including intangibles; real property must be listed separately showing both the buildings and land. If no real property is involved, applicant must so state.
(2) A similar list showing with reference to the items of property and assets given: (i) The original cost to the licensee, when and from whom purchased, (ii) the present depreciated value and method of computing depreciation, and the replacement value and method of determining same.
This information may be given on one sheet in different columns, and the total of each column must be given. Applicant must show the latest tax assessed value, separately of buildings and land, together with the date of assessment. If the real estate has not been recently assessed or has not been assessed at full value, applicant must submit a report of independent appraisal of the realty, showing date said assessment was made, together with the name of the assessor.
(3) A financial statement of the licensee corporation, control of which is to be transferred, showing in detail the items of assets and liabilities, together with the date of said statement.
(4) A profit and loss statement of said licensee corporation showing the receipts and disbursements in detail and also profit or loss for a period of 6 months preceding the filing of the application;
(5) If control of the licensee corporation is to be transferred by contract, a fully executed copy thereof showing the date and all the terms and conditions, including the exact consideration paid or promised, with a condition that the transfer be subject to the consent of the Commission;