§ 1.512 Where to file; number of copies. All applications for authorizations required by § 1.511 shall be filed at the Commission's main office in Washington, D.C. The number of copies required for each application is set forth in the FCC Form which is to be used in filing such application. [29 F.R. 12371, Aug. 28, 1964] § 1.513 Who may sign applications. (a) Except as provided in § 1.511(b) or in paragraph (b) of this section, applications, amendments thereto, and related statements of fact required by the Commission shall be personally signed by the applicant, if the applicant is an individual; by one of the partners, if the applicant is a partnership; by an officer, if the applicant is a corporation; or by a member who is an officer, if the applicant is an unincorporated association. Applications, amendments, and related statements of fact filed on behalf of eligible government entities, such as states and territories of the United States and political subdivisions thereof, the District of Columbia, and units of local government, including incorporated municipalities, shall be signed by such duly elected or appointed officials as may be competent to do so under the laws of the applicable jurisdiction. (b) Applications, amendments thereto, and related statements of fact required by the Commission may be signed by the applicant's attorney in case of the applicant's physical disability or of his absence from the United States. The attorney shall in that event separately set forth the reason why the application is not signed by the applicant. In addition, if any matter is stated on the basis of the attorney's belief only (rather than his knowledge), he shall separately set forth his reasons for believing that such statements are true. (c) Only the original of applications, amendments, or related statements of fact need be signed; copies may be conformed. (d) Applications, amendments, and related statements of fact need not be submitted under oath. Willful false statements made therein, however, are punishable by fine and imprisonment, U.S. Code, Title 18, section 1001, and by appropriate administrative sanctions, including revocation of station license pur suant to section 312(a) (1) of the Communications Act of 1934, as amended. (Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308) § 1.514 Content of applications. (a) Each application shall include all information called for by the particular form on which the application is required to be filed, unless the information called for is inapplicable, in which case this fact shall be indicated. (b) The Commission may require an applicant to submit such documents and written statements of fact as in its judgment may be necessary. The Commission may also, upon its own motion o upon motion of any party to a proceeding, order the applicant to amend hi application so as to make the same mor definite and certain. (Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C 308) § 1.516 Specification of facilities. (a) An application for facilities in th standard, FM, or television broadca services shall be limited to one fre quency, or channel assignment, and r application will be accepted for filing it requests alternate frequency or cha nel assignments. (b) An application for facilities in t experimental and auxiliary broadca services may request the assignment more than one frequency if consiste with applicable rules in Part 74 of t chapter. Such applications must spec the frequency or frequencies request and may not request alternate freque cies. (c) An application for construct permit for a new broadcast station, facilities for which are specified in outstanding construction permit, will be accepted for filing. (d) An application for facilities in international broadcast service may filed without a request for specific quency, as the Commission will as frequencies from time to time in acc ance with §§ 73.702 and 73.711 of chapter. (Sec. 308, 48 Stat. 1084; as amended; 47 C 308) § 1.518 Inconsistent or conflicting plications. While an application is pending undecided, no subsequent inconsiste conflicting application may be file the same applicant, his successor o signee, or on behalf or for the benefit of the same applicant, his successor or assignee. $1.519 Repetitious applications. (a) Where the Commission has denied an application for a new station or for any modification of services or facilities, or dismissed such application with prejudice, no like application involving service of the same kind to substantially the same area by substantially the same appleant, or his successor or assignee, or on behalf or for the benefit of the original parties in interest, may be filed within 12 months from the effective date of the Commission's action: Provided, However, That applicants whose applicatons have been denied in a comparative Searing for a particular television faCty allocated in the television allocation table may immediately reapply for another available television channel. b) Where an appeal has been taken from the action of the Commission in denying a particular application, anher application for the same class of adcast station and for the same area, 2 whole or in part, filed by the same pucant, or his successor or assignee, on behalf or for the benefit of the inal parties in interest, will not be dered until final disposition of such sppeal. 1.520 Multiple applications. Where there is one application for new additional facilities pending, no other cation for new or additional faes, for a station of the same class serve the same community, may be Led by the same applicant, or his suc or assignee, or on behalf or for Se benefit of the original parties in inMultiple applications may not >led simultaneously. 1572 Amendment of applications. Subject to the provisions of 1525 and 1.580, any application may ended as a matter of right prior adoption date of an order desigsuch application for hearing, Ay by filing the appropriate number As of the amendments in question cuted in accordance with § 1.513. er, see 1.571(j) for the effect of amendments to standard broadskypications. Requests to amend an application C:s been designated for hearing will be considered only upon written petition properly served upon the parties of record in accordance with § 1.47 and, where applicable, compliance with the provisions of § 1.525, and will be granted only for good cause shown. In the case of requests to amend the engineering proposal in standard broadcast applications (other than to make changes with respect to the type of equipment specifiled), good cause will be considered to have been shown only if, in addition to the usual good cause considerations, it is demonstrated that (1) the amendment is necessitated by events which the applicant could not reasonably have foreseen (e.g., notification of a new foreign station or loss of transmitter site by condemnation); (2) the amendment could not reasonably have been made prior to designation for hearing; and (3) the amendment does not require an enlargement of issues or the addition of new parties to the proceeding. (c) Notwithstanding the provisions of paragraph (b) of this section, and subject to compliance with the provisions of § 1.525, a petition for leave to amend may be granted provided it is requested that the application as amended be removed from the hearing docket and returned to the processing line. See § 1.571(1). § 1.525 Agreements between parties for amendment or dismissal of, or fail. ure to prosecute broadcast applications. (a) Whenever applicants for a construction permit for a broadcast station enter into an agreement to procure the removal of a conflict between applications pending before the Commission by withdrawal or amendment of an application or by its dismissal pursuant to § 1.568, all parties thereto shall, within 5 days after entering into the agreement, file with the Commission a joint request for approval of such agreement. The joint request shall be accompanied by a copy of the agreement and an affiIdavit of each party to the agreement setting forth in full all relevant facts including, but not limited to: (1) The exact nature of any consideration (including an agreement for merger of interests) promised or paid; (2) information as to who initiated the negotiations; (3) summary of the history of the negotiations; (4) the reasons why it is considered that the arrangement is in the public interest; and (5) a statement fully explaining and justifying any consideration paid or promised. The affidavit of any applicant to whom consideration is paid or promised shall, in addition, include an itemized accounting of the expenses incurred in connection with preparing, filing and advocating his application, and such factual information as the parties rely upon for the requisite showing that such reported expenses represent legitimate and prudent outlays. No such agreement between applicants shall become effective or be carried out unless and until the Commission has approved it, or until the time for Commission review of the agreement has expired. (b) (1) Whenever two or more conflicting applications for construction permits for broadcast stations pending before the Commission involve a determination of fair, efficient and equitable distribution of service pursuant to section 307(b) of the Communications Act, and an agreement is entered into to procure the withdrawal (by amendment to specify a different community or by dismissal pursuant to § 1.568) of the only application or applications seeking the same facilities for one of the communities involved, all parties thereto shall file the joint request and affidavits specified in paragraph (a) of this section. If upon examination of the proposed agreement the Commission finds that withdrawal of one of the applications would unduly impede achievement of a fair, efficient and equitable distribution of radio service among the several States and communities, then the Commission shall order that further opportunity be afforded for other persons to apply for the facilities specified in the application or applications to be withdrawn before acting upon the pending request for approval of the agreement. (2) Upon release of an order under subparagraph (1) of this paragraph, any party proposing to withdraw its application shall cause to be published a notice of such proposed withdrawal at least twice a week for 2 consecutive weeks within the 3-week period immediately following release of the Commission's order, in a daily newspaper of general circulation published in the community in which it was proposed to locate the station: Provided, however, That if there is no such daily newspaper published in the community, the notice shall be published as follows: (i) If one or more weekly newspapers of general circulation are published in the community in which the station was proposed to be located, notice shall be published in such a weekly newspaper once a week for 3 consecutive weeks within the 4-week period immediately following the release of the Commission's order. (ii) If no weekly newspaper of general circulation is published in the community in which the station was proposed to be located, notice shall be published at least twice a week for 2 consecutive weeks within the 3-week period immediately following the release of the Commission's order in the daily newspaper having the greatest general circulation in the Community in which the station was proposed to be located. (3) The notice shall set forth the name of the applicant; the location, frequency and power of the facilities proposed in the application; the location of the station or stations proposed in the applications with which it is in conflict; the fact that the applicant proposes to withdraw the application; and the date upon which the last day of publication shall take place. (4) Such notice shall additionally include a statement that new applications for a broadcast station on the same frequency, in the same community, with substantially the same engineering characteristics and proposing to serve substantially the same service area as the application sought to be withdrawn timely filed pursuant to the Commission's rules, or filed, in any event, within 30 days from the last date of publica tion of the notice (notwithstanding an provisions of this chapter normally re quiring earlier filing of a competing ap plication), will be entitled to compara tive consideration with other pendin mutually exclusive applications. (5) Within 7 days of the last day o publication of the notice, the applican proposing to withdraw shall file a state ment in triplicate with the Commission setting forth the dates on which th notice was published, the text of th notice and the newspaper in which th notice was published. (6) Where the Commission orde that further opportunity be afforded f other persons to apply for the faciliti sought to be withdrawn, no applicatio of any party to the agreement will acted upon by the Commission less tha 30 days from the last day of publicati of the notice specified in subparagraph 2) of this paragraph. Any applications for a broadcast station on the same frequency in the same community, with substantially the same engineering characteristics and proposing to serve substantially the same service area as the application sought to be withdrawn, filed within the 30-day period following the last date of publication of the notice notwithstanding any provisions of this chapter normally requiring earlier filing of a competing application) or otherwise timely filed pursuant to the provisions of this chapter will be entitled to comparative consideration with other pending mutually exclusive applications. If the application of any party to which the new application may be in conflict has been designated for hearing, any such new application will be entitled to consolidation in the proceeding. (c) (1) Except where a joint request is filed pursuant to paragraph (a) of this section, any applicant filing (1) an amendment pursuant to § 1.522(a) or a request for dismissal pursuant to 11.568(a) which would remove a conflict with another pending application; (ii) a petition for leave to amend pursuant to 11522 (b) or (c) which would permit a grant of the amended application or an application theretofore in conflict with the amended application; or (iii) request for dismissal pursuant to 11568 (c), shall file with it an affidavit as to whether or not consideration (including an agreement for merger of terests) has been promised to or reterved by such applicant, directly or directly. in connection with the amendent, petition or request. Upon the fil of a petition for leave to amend or 20 dismiss an application for broadcast facilities which has been designated for hearing or upon the dismissal of such cation on the Commission's own mopursuant to § 1.568(b), each applicant or party remaining in hearing, as 20 whom a conflict would be removed the amendment or dismissal shall mit for inclusion in the record of that proceeding an affidavit stating whether not he has directly or indirectly paid promised consideration (including an ment for merger of interests) in action with the removal of such act 7 Where an affidavit filed pursuant the paragraph states that considerabas been paid or promised, the affi davit shall set forth in full all relevant facts, including, but not limited to, the material listed in paragraph (a) of this section for inclusion in affidavits. (d) (1) Affidavits filed pursuant to this section shall be executed by the applicant, permittee or licensee, if an individual; a partner having personal knowledge of the facts, if a partnership; or an officer having personal knowledge of the facts, if a corporation or association. (2) Requests and affidavits which relate to an application which has not been designated for hearing shall bear the file number of such application. If the affiant is also an applicant, the affidavit shall also bear the file number of affiant's pending application(s). Affidavits which relate to an application which is designated for hearing shall bear the fille number of that application and the hearing docket number. (e) For the purposes of this section an application shall be deemed to be "pending" before the Commission and a party shall be considered to have the status of an "applicant" from the time an application is filed with the Commission until an order of the Commission granting or denying it is no longer subject to reconsideration by the Commission or to review by any court. (Sec. 5(a), 74 Stat. 892; 47 U.S.C. 311(c).) [28 F.R. 12434, Nov. 22, 1963, as amended at 30 F.R. 6780, May 19, 1965] § 1.526 Records to be maintained locally for public inspection by applicants, permittees, and licensees. (a) Records to be maintained. Every applicant for a construction permit for a new station in the broadcast services shall maintain for public inspection a file for such station containing the material in subparagraph (1) of this paragraph, and every permittee or licensee of a station in the broadcast services shall maintain for public inspection a file for such station containing the material in subparagraphs (1), (2), (3), and (4) of this paragraph: Provided, however, That the foregoing requirements shall not apply to applicants for or permittees or licensees of television broadcast translator stations. The material to be contained in the file is as follows: (1) A copy of every application tendered for filing by the applicant for such station after May 13, 1965, pursuant to the provisions of this part, with respect to which local public notice is required to be given under the provisions of § 1.580 or § 1.594; and all exhibits, letters and other documents tendered for filing as part thereof, all amendments thereto, copies of all documents incorporated therein by reference, all correspondence between the Commission and the applicant pertaining to the application after it has been tendered for filing, and copies of Initial Decisions and Final Decisions in hearing cases pertaining thereto, which according to the provisions of § 0.417 of this chapter are open for public inspection at the offices of the Commission. Information incorporated by reference which is already in the local file need not be duplicated if the entry making the reference sufficiently identifies the information so that it may be found in the file, and if there has been no change in the document since the date of filing and the applicant, after making the reference, so states. If petitions to deny are filed against the application, and have been duly served on the applicant, a statement that such a petition has been filed shall appear in the local file together with the name and address of the party filing the petition. NOTE: Applications tendered for filing on or before May 13, 1965, which are subsequently designated for hearing after May 13, 1965, with local notice being given pursuant to the provisions of § 1.594, and material related to such applications, need not be placed in the file required to be kept by this section. Applications tendered for filing after May 13, 1965, which contain major amendments to applications tendered for filing on or before May 13, 1965, with local notice of the amending application being given pursuant to the provisions of § 1.580, need not be placed in the file required to be kept by this section. (2) A copy of every application tendered for filing by the licensee or permittee for such station after May 13, 1965, pursuant to the provisions of this part, which is not included in subparagraph (1) of this paragraph and which involves changes in program service, which requests an extension of time in which to complete construction of a new station, or which requests consent to involuntary assignment or transfer, or to voluntary assignment or transfer not resulting in a substantial change in ownership or control and which may be applied for on FCC Form 316; and copies of all exhibits, letters, and other documents filed as part thereof, all amendments thereto, all correspondence between the Commission and the applicant pertaining to the application after it has been tendered for filing, and copies of all documents incorporated therein by reference, which according to the provisions of § 0.417 of this chapter are open for public inspection at the offices of the Commission. Information incorporated by reference which is already in the local file need not be duplicated if the entry making the reference sufficiently identifies the information so that it may be found in the file, and there has been no change in the document since the date of filing and the licensee, after making the reference so states. If petitions to deny are filed against the application, and have been duly served on the applicant, a statement that such a petition has been filed shall appear in the local file together with the name and address of the party filing the petition (3) A copy of every ownership report or supplemental ownership report filed by the licensee or permittee for such station after May 13, 1965, pursuant to the provisions of this part; and copies of all exhibits, letters, and other document filed as part thereof, all amendments thereto, all correspondence between th permittee or licensee and the Commis sion pertaining to the reports after the have been filed, and all documents in corporated therein by reference, includ ing contracts listed in such reports i accordance with the provisions of § 1.61 (a) (4) (i) and which according to th provisions of $ 0.417 of this chapter ar open for public inspection at the office of the Commission. Information inco porated by reference which is already i the local file need not be duplicated the entry making the reference suf ciently identifies the information so th it may be found in the file, and if the has been no change in the docume since the date of filing and the licens or permittee, after making the referen so states. (4) Such records as are required be kept by §§ 73.120(d), 73.290 (d), 73.5 (d), and 73.657 (d) of this chapter, co cerning broadcasts by candidates 1 public office. NOTE: The engineering section of appli tions mentioned in subparagraphs (1) a (2) of this paragraph, and material rela to the engineering section, need not be k |