Commission has granted the construction permit.

(2) An applicant for transfer or assignment of an existing station may request a new call sign assignment at the time the application for assignment of license or transfer of control is filed, or at any time thereafter. In making such a request he shall comply with the provisions of this section.

(c) Each individual request submitted under the provisions of paragraphs (a) and (b) of this section shall include the following:

(1) A statement that the applicant has notified by mail all broadcasting stations which are licensed to operate in communities wholly or partially within a 35-mile radius from the main post office of the community in which the applicant is authorized to operate, of its intention to apply for said call sign and the date on which it will make such application. The statement shall also contain the text of the said notice, the date on which it was mailed, and the call signs and locations of all stations to which it was mailed.

(2) Subject to the other requirements of this paragraph, as many as five call signs, listed in descending order of preference, may be included in a single request.

(d) (1) No request for call signs subject to the provisions of this section will be acted upon by the Commission earlier than 30 days following issuance of public notice of the receipt of such request. Applicants for new or modified call signs are therefore, advised to take no action in reliance on securing said call sign until notified by the Commission that said request has been granted.

(2) Objections to the assignment of the requested call signs may be filed within the 30-day period following issuance of public notice of the receipt of such request. Objections filed after the 30-day period will be considered only if, in the judgment of the Commission, good cause has been shown for failure to file within the time specified. The person who filed the original pleading may reply to said objections within 10 days after the time for filing objections has expired, or if the objections are filed late, within 10 days after the late pleading is filed. No further pleadings will be entertained.

(e) The requirements of paragraphs (b), (c), and (d) of this section do not

apply to international broadcasting stations and stations in the experimental, auxiliary, and special broadcasting services.

(f) If an applicant for a new station does not file a request for assignment of a specific call sign, the Commission will assign an appropriate call sign to the station.

[29 F.R. 15576, Nov. 20, 1964]

APPLICATION PROCESSING PROCEDURES AUTHORITY: §§ 1.561 to 1.587 issued under secs. 308, 309, 48 Stat. 1084, 1085, as amended; 47 U.S.C. 308, 309.

§ 1.562

Staff consideration of applications which do not require action by the Commission.

Those applications which do not require action by the Commission but which, pursuant to the delegations of authority set forth in Subpart B of Part 0 of this chapter, may be acted upon by Chief, Broadcast Bureau are forwarded to the Broadcast Bureau for necessary action. If the application is granted, the license division issues the formal authorization. In any case where it is recommended that the application be set for hearing, where a novel question of policy is presented, or where the Chief, Broadcast Bureau desires instructions from the Commission, the matter is placed on the Commission agenda.

(Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C 155)

§ 1.564 Acceptance of applications.

(a) Applications which are tendere for filing in Washington, D.C., are date upon receipt and then forwarded to th Broadcast Bureau, where an administra tive examination is made to ascertai whether the applications are complet Applications found to be complete or sub stantially complete are accepted for fil ing and are given a file number. In cas

of minor defects as to completeness, the applicant will be required to supply the missing information. Applications which are not substantially complete will be returned to the applicant.

(b) Acceptance of an application for filing merely means that it has been the subject of a preliminary review by the Commission's administrative staff as to completeness. Such acceptance will not preclude the subsequent dismissal of the application if it is found to be patently not in accordance with the Commission's rules.

(c) At regular intervals the Commission will issue a "Public Notice" listing all applications and major amendments thereto which have been accepted for filing.

28 PR. 12434, Nov. 22, 1963, as amended at SFR. 12371, Aug. 28, 1964]

$1.566 Defective applications.

(a) Applications which are determined to be patently not in accordance with the Commission's rules, regulations, or other requirements, unless accompanied by an appropriate request for waiver, will be considered defective and will not be accepted for filing or if inadvertently accepted for filing will be dismissed. Requests for waiver shall show the nature of the waiver or exception desired and stall set forth the reasons in support thereof.

b) If an applicant is requested by the Commission to file any additional documents or information not included in the prescribed application form, a faure to comply with such request will

deemed to render the application defective, and such application will be dis

missed.

1.568 Dismissal of applications.

(a) Subject to the provisions of § 1.525, any application may, upon request of the applicant, be dismissed without Prejudice as a matter of right prior to the designation of such application for Rearing. An applicant's request for the

n of an application that has been acopted for filing will be regarded as a est for dismissal.

Pailure to prosecute an applicaor failure to respond to official respondence or request for additional mation, will be cause for dismissal. Bect to the provisions of § 1.525, such

dismissal will be without prejudice where an application has not yet been designated for hearing, but may be made with prejudice after designation for hearing. (c) Requests to dismiss an application without prejudice after it has been designated for hearing will be considered only upon written petition properly served upon all parties of record and, where applicable, compliance with the provisions of § 1.525. Such requests shall be granted only upon a showing that the request is based on circumstances wholly beyond the applicant's control which preclude further prosecution of his application.

[28 F.R. 12434, Nov. 22, 1963, as amended at 29 F.R. 6444, May 16, 1964]

§ 1.569 Applications for frequencies adjacent to Class I-A channels.

Notwithstanding the provisions of any other rules of the Commission, all applications (regardless of when they were or may be filed) for frequencies located within 30 kc/s of a Class I-A channel listed in § 73.25 (a) of this chapter will be subject to the provisions of this section. The provision of paragraph (a) of this section to the frequencies listed therein, which are within 30 kc/s of a Class I-A channel on which an unlimited time Class II assignment is specifically provided for in § 73.22 or § 73.25(a) of this chapter, and which are not within 30 kc/s of the remaining Class I-A channels (except that the frequency 1230 kc/s is considered to be within 30 kc/s of duplicated I-A channels only). The provisions of paragraph (b) of this section apply to the frequencies listed in that paragraph, which are within 30 kc/s of unduplicated Class I-A channels and also, in each case, within 30 kc/s of Class I-A channels on which an unlimited time Class II assignment is specifically provided for in § 73.22 or § 73.25 (a) of this chapter. For the purposes of paragraph (b)(2) (1), (ii) and (iii) of this section, the frequency 750 kc/s is regarded as an unduplicated Class I-A clear channel. The provisions of paragraph (c) of this section apply to the three frequencies listed therein, which are within 30 kc/s of unduplicated clear channels only.

(a) (1) The provisions of this paragraph apply to the following frequencies: 910, 920, 990, 1000, 1080, 1090, 1110, 1230, and 1240 kc/s; and 740 kc/s except with

respect to the Class I-A clear channel 750 kc/s, in which case the provisions of paragraph (b) of this section apply.

(2) Where it appears that the facilities requested in any application for one of the designated frequencies (other than an application by an existing Class IV station to increase daytime power on 1230 or 1240 kc/s) involves undue risk of interference or prohibited overlap with a possible new Class II-A assignment specified in § 73.22 of this chapter or a new unlimited time Class II assignment at Anchorage, Alaska, or San Diego, California, specified in § 73.25(a) of this chapter, such application will not be accepted for filing or, if filed prior to the effective date of this section, will not be acted upon, until the location and operating facilities of such new Class II station are established. An application for one of the designated frequencies shall be deemed to involve undue risk of interference with a possible new Class II assignment unless it is demonstrated that no interference would be caused to specified II-A assignments within 30 kc/s, assuming such facilities to be located at the nearest point on the boundary of the nearest state specified by the Clear Channel Decision released September 14, 1961, and assuming such II-A facility radiates at least 1238 mv/m omnidirectionally; and, in the case of frequencies within 30 kc/s of 750 kc/s or 760 kc/s the proposed facility would not cause interference to Class II assignments at San Diego, California, or Anchorage, Alaska, specified in § 73.25(a) of this chapter.

(3) Assignments of new Class II facilities provided for in §§ 73.22 and 73.25(a) of this chapter will be made without regard to the pendency of applications on adjacent frequencies (i.e., the ten frequencies designated in subparagraph (1) of this paragraph and the additional 20 frequencies which are within 30 kc/s of both duplicated and unduplicated Class I-A channels). Any hearing which may be held on an application for an adjacent frequency will not be comparative with respect to the Class II-A facility, and any issues pertaining to the mutual impact of the Class II-A and adjacent channel proposals will be confined to the question of whether, with the Class II station operating as proposed, the public interest would be served by a grant of the adjacent channel application.

(b) (1) The provisions of this paragraph apply to the following frequencies:

680, 690, 710, 730, 790, 800, 810, 850, 860, 900, 1010, 1050, 1060, 1070, 1130, 1140, 1150, 1170, 1190, and 1220 kc/s; and 740 ke s with respect to the Class I-A clear channel 750 kc/s.

(2) Applications for new stations on, change of existing stations to, or for any major change in operation of stations presently operating on the designated frequencies will be accepted for filing and acted upon in normal course provided they are accompanied by appropriate exhibits and necessary supporting data to show clearly the following with respect to all Class I-A channels within 30 kc/s of the designated frequency:

(i) The proposed transmitter site is located inside the area encompassed by a 500 mile extension of the 0.5 mv/m-50 percent nighttime contour of Class I-A stations on unduplicated channels.

(ii) No interference or prohibited overlap would be caused to Class I-A stations on unduplicated I-A channels, assuming such stations operate with power increased to 750 kw with their present antenna systems and radiation patterns.

(iii) No interference or prohibited overlap would be caused to an assumed Class II-A station on an unduplicated channel, radiating at least 1238 mv/m omnidirectionally from the nearest point on the boundary described in subdivision (i) of this subparagraph.

(iv) No interference or prohibited overlap would be caused to presently specified Class II-A assignments, assuming such facilities to be located at the nearest point on the boundary of the nearest state specified by the Clea Channel Decision released September 14 1961, and assuming such II-A facility radiates at least 1238 mv/m omni directionally; and, in the case of fre quencies within 30 kc/s of 750 kc/s or 76 kc/s, the proposed facility would no cause interference to Class II assign ments at San Diego, California, Anchorage, Alaska, specified in § 73.25 (a of this chapter.

(3) Applications of the type specifie in subparagraph (2) of this paragrap filed before October 30, 1961, will t studied to determine whether they com ply with each of the four standards s forth in subparagraph (2) of this para graph. Those applications which a found to comply fully with the standar will be processed and acted upon in no mal course. Applications which fail

comply with one or more of the standards will be retained in the pending file without further processing or considera

tion.

(4) Applications for other changes in facilities on the designated frequencies will be processed and acted upon in nor

mal course.

(c(1) The provisions of this paraEraph apply to all applications for the following frequencies: 610, 620, 630 kc/s.

2) Applications for new stations on, change of existing stations to, or for any major change in operation of stations presently operating on the designated frequencies will be accepted for filing and acted upon in normal course provided they are accompanied by appropriate exhibits and necessary supporting data to show clearly the following with respect to all Class I-A channels within 30 kcs of the designated frequency:

The proposed transmitter site is Incated inside the area encompassed by 4500 mile extension of the 0.5 mv/m50 percent nighttime contour of Class -A stations on unduplicated channels.

No interference or prohibited overlap would be caused to Class I-A ations on unduplicated I-A channels, Assuming such stations operate with x increased to 750 kw, with their sent antenna systems and radiation patterns.

No interference or prohibited wap would be caused to an assumed

II-A station on an unduplicated ael, radiating at least 1238 mv/m directionally from the nearest point the boundary described in subdivision of this subparagraph.

1. Applications of the type specified Rubparagraph (2) of this paragraph ed before October 30, 1961, will be ded to determine whether they comWith each of the three standards set in subparagraph (2) of this paraThose applications which are to comply fully with the standards processed and acted upon in norcourse. Applications which fail to ly with one or more of the standwill be retained in the pending file ut further processing or considera

without action pursuant to paragraph (a), (b), or (c) of this section, will not be designated for hearing unless they conflict with applications which may be acted upon in normal course.

(2) If the decision in a hearing looks toward grant of an application which may not be acted upon, pursuant to paragraph (a), (b), or (c) of this section, such application and all applications conflicting with it will be held without final action to the extent required by paragraph (a), (b), or (c) of this section. (Sec. 307, 48 Stat. 1083; 47 U.S.C. 307) [28 F.R. 12434, Nov. 22, 1963, as amended at 29 F.R. 11360, Aug. 6, 1964; 30 F.R. 9687, Aug. 4, 1965]

§ 1.570

Standard broadcast applications involving other North American countries.

(a) Applications involving conflicts with the U.S./Mexican Agreement or with countries which have ratified NARBA. Except for applications falling within the provisions of paragraph (b) of this section, no application will be accepted for filing if authorization of the facilities requested in such application would be inconsistent with the provisions of the North American Regional Broadcasting Agreement (NARBA), or the Agreement Between the United States of America and the United Mexican States Concerning Radio Broadcasting in the Standard Broadcast Band (the U.S./Mexican Agreement). Any such application which has heretofore been accepted for filing or which is inadvertently accepted for filing will be dismissed.

(b) Applications involving conflicts only with respect to Haiti or countries which have signed but not ratified NARBA. Applications (regardless of when they were or may be filed) for facilities which would be inconsistent with NARBA only with respect to a country which has signed but not completed formal ratification of that agreement, or which would cause objectionable interference (under the standards set forth in NARBA) to a duly notified Haitian station, will be placed or retained in the pending file without further action, except where they conflict with other applications which do not involve international problems. In the latter situation, the various conflicting applications will be designated for hearing in a consolidated proceeding. Where an application inconsistent with inter

Applications for other changes in es on the designated frequencies *be processed and acted upon in nor

4 Applications previously acfor filing which must be held

national relationships as specified in this paragraph is designated for hearing, the following procedures will govern:

(1) Where it is found that, of the applications involved in a consolidated hearing proceeding, all are inconsistent with international relationships as specified in this paragraph, all will be removed from hearing status and returned to the pending file.

(2) Where, of the applications involved in a consolidated hearing proceeding, one or more but not all are inconsistent with international relationships as specified in this paragraph the hearing issues will include an issue as to such inconsistency (if necessary the hearing issues will be enlarged, and if closed the hearing record will be reopened, to include this matter). The initial decision and the final decision will contain findings and conclusions as to this issue, but neither the presiding officer nor the Commission will in their decisions take into account such issue in determining whether the public interest would be served by grant of any of the various applications. In the decision in such a proceeding, applications will be:

(i) Granted, where they are not inconsistent with international relationships and the public interest will be served thereby.

(ii) Denied, if denial is required because of grant of other applications or for other reasons independent of the consistency issue; or

(iii) Placed in the pending file without removal from hearing status if grant of the application would be in the public interest except for inconsistency with international relationships as specified in this paragraph, or where denial would be only on the basis of comparative consideration with an application which is being placed in the pending file because of such inconsistency.

(3) Where an application inconsistent with international relationships is designated for hearing because of conflict with another application not involving such inconsistency, and the conflict is later removed by amendment or dismissal of the latter application, the inconsistent application will be removed from hearing status and returned to the pending file.

NOTE 1: Upon ratification by Canada, Cuba and the United States, NARBA entered into force April 19, 1960; the Dominican Republic deposited its ratification on

May 4, 1961. When the other signatory power, The Bahama Islands and Jamaica, ratifies the agreement, or when Haiti (not a signatory power) formally adheres thereto, the Commission upon notification thereof will give public notice of such occurrence. Applications involving conflicts with respect to such country will thereupon automatically be removed from the provisions of paragraph (b) of this section and will fall within paragraph (a) of this section.

If The Bahama Islands and Jamaica completes formal ratification of NARBA, and at that time Haiti has not yet formalized its adherence to the agreement, the Commission will give consideration to whether applications involving conflicts with Haitian stations should continue to be handled as provided in paragraph (b) of this section, or whether, in view of the then pertaining relationship with Haiti in this area, they should be handled as provided in paragraph (a) of this section, or should be handled otherwise. Applicants for facilities involving conflicts with duly notified Haitian stations should take note of these possibilities.

NOTE 2: For the purpose of this section, an application is not regarded as inconsistent with the provisions of NARBA if it is for Class IV facilities operating with more than 250 watts but no more than 1 kw power, to be located in those portions of the United States where such facilities are not precluded under the Note to § 73.21 (c) of this chapter, and where such facilities would not cause objectionable interference (under the standards set forth in NARBA) to a duly notified station in any other NARBA signatory country or in Haiti.

NOTE 3: As to the use in hearings of groundwave field intensity measurements involving foreign countries, see the note to § 73.183 (b) of this chapter.

(c) Amendment of application designated for hearing. When, in the case of any application which has been designated for hearing on issues not including an issue as to consistency with international relationships and as to which no final decision has been rendered, action under this section becomes appropriate because of inconsistency with international relationships, the applicant involved shall, notwithstanding the provisions of §§ 1.522 and 1.571, be permitted to amend its application to achieve consistency with such relationships. In such cases the provisions of § 1.605 (c) will apply.

(d) Applications not involving conflict with NARBA or U.S./Mexican Agreement. As a matter of general practice, applications which are consistent with NARBA and the U.S./Mexican Agreement and which would not involve