twice a week for 2 consecutive weeks within the 3-week period immediately following notification by the Commission pursuant to § 1.571, § 1.572, § 1.573, or § 1.578, in a daily newspaper of general circulation published in the community in which the station is located or proposed to be located: Provided, however, That if there is no such daily newspaper published in the community, the notice shall be published as follows:

(1) If one or more weekly newspapers of general circulation are published in the community in which the station is located or 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 tendering for filing of such application or amendment, or once a week for 3 consecutive weeks within the 4-week period immediately following notification by the Commission pursuant to § 1.571, 1.572, § 1.573, or § 1.578.

(2) If no weekly newspaper of general circulation is published in the community in which the station is located or 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 tendering for filing of such application or amendment, or at least twice a week for the 2 consecutive weeks within the 3week period immediately following notification by the Commission pursuant to § 1.571, § 1.572, § 1.573, or § 1.578, in the daily newspaper having the greatest general circulation in the community in which the station is located or proposed to be located:

And provided further: That in the case of an application for a permit pursuant to section 325(b) of the Communications Act, the notice shall be published at least twice a week for 2 consecutive weeks within the 3-week period immediately following the tendering for filing of such application, or at least twice a week for 2 consecutive weeks within the 3-week period immediately following notification by the Commission pursuant to § 1.571, §1.572, § 1.573, or § 1.578, in a daily newspaper of general circulation in the largest city in the principal area to be served in the United States by the foreign radio broadcast station:

And provided further, That in the case of an application for change in the location of a station, the notice shall be published both in the community in which

the station is located and in the community in which the station is proposed to be located.

(d) If the application seeks modification, assignment, transfer, or renewal of an operating broadcast station (except for applications for stations in the international broadcast service and for television translator stations), the applicant shall, in addition to publishing a notice of such filing as provided in paragraph (c) of this section, cause the same notice to be broadcast over that station at least once daily on 4 days in the second week immediately following the tendering for filing of such application, or in the second week immediately following notification by the Commission pursuant to § 1.571, §1.572, § 1.573, or § 1.578. In the case of television broadcast stations and noncommercial educational television broadcast stations, such notice shall be broadcast orally with camera focused on the announcer. The notice required by this paragraph shall be broadcast during the following periods:

(1) For television broadcast stations, between 7:00 p.m. and 10:00 p.m.

(2) For standard and FM broadcast stations, between 7:00 a.m. and 10:00 a.m., but if such stations do not operate during those hours, then between 6:00 p.m. and 9:00 p.m.

(3) For noncommercial educational television broadcast stations, between 7:00 p.m. and 10:00 p.m., but if the period of broadcast of notice falls within a portion of the year during which such stations do not broadcast, then such stations need not comply with the provisions of this paragraph.

(4) For noncommercial educational FM broadcast stations and standard broadcast stations operating as educational stations, between 3:00 p.m. and 10:00 p.m., but if the period of broadcast of notice falls within a portion of the year during which such stations do not broadcast, then such stations need not comply with the provisions of this paragraph.

(e) If the station in question is the only operating station in its broadcast service which is located in the community involved, or if it is a noncommercial educational station (FM or television) or a standard broadcast station operating as a noncommercial educational station, publication of the notice in a newspaper, as provided in paragraph (c) of this section, is not required, and publication by broadcast over that station as pro

vided in paragraph (d), shall be deemed sufficient to meet the requirements of paragraphs (c) and (d) of this section: Provided, however, That noncommercial educational FM broadcast stations, noncommercial educational television broadcast stations, and standard broadcast stations operating as noncommercial educational stations which do not broadcast during the portion of the year in which the period of broadcast of notice falls must comply with the provisions of paragraph (c) of this section.

f The notice required by paragraphs (e) and (d) of this section shall contain the information indicated in subparagraphs (1), (2), (3), (4), and (10) of this Paragraph, and, if the notice concerns applications and amendments referred to

subparagraphs (5) through (9) of this paragraph, shall also contain the information called for in those subparapraphs:

(1) The name of the applicant, if the applicant is an individual; the names of all partners, if the applicant is a partnerstup: or the names of all officers and directors and of those persons holding 10 prcent or more of the capital stock or

er ownership interest if the applicant sa corporation or an unincorporated Association. (In the case of applications for assignment or transfer of control, mation should be included for all parties to the application.)

2) The purpose for which the application was filed (ie., construction per

modification, transfer or assignHent of control, renewal, etc.).

1. The date when the application or amendment was tendered for filing with the Commission.

4 The call letters, if any, of the stain and the frequency or channel on the station is operating or pro

De to operate.

5 In the case of an application for suction permit for a new station, facilities sought, including type and of station, power, location of stutransmitter site and antenna

4 In the case of an application for fcation of a construction permit or se, the exact nature of the modificasought.

In the case of an amendment to as application, the exact nature of the amendment.

a In the case of applications for a permit pursuant to section 325(b) of the

NOTE 1: In the required statement in subparagraph (9) of this paragraph, the applicant shall insert, as the date on or before which members of the public who desire to submit facts should write to the Commission, the date 30 days after the date upon which the application was tendered for filing.

NOTE 2: The first sentence of the required statement in subparagraph (9) of this paragraph shall satisfy the requirement of subparagraph (3) of this paragraph in the case of an application for renewal of license.

(10) A statement that a copy of the application, amendment (s), and related material are on file for public inspection at a stated address in the community in which the main studio is maintained or is proposed to be located. See § 1.526.

(g) An applicant filing any application or an amendment thereto for a television broadcast translator station which is subject to this section shall cause to be published a notice of such filing at least once during the two week period immediately following the tendering for filing of such application or major amendment, or, when an applicant is specifically advised by the Commission that public notice is required in a particular case pursuant to § 1.572, such notice shall be published at least once during the two week period immediately following Commission notification, in a daily, weekly or bi-weekly publication having general circulation in the community or area to be served: Provided, however, That, if there is no publication of general circulation in the community or area to be served, the applicant shall determine an appropriate means of pro

viding the required notice to the general public, such as posting in the local post office or other public place. The notice shall state:

(1) The name of the applicant, the community or area to be served, and the transmitter site.

(2) The purpose for which the application was filed (whether the application is for a new translator station, for authority to make changes in an existing translator station, for assignment or transfer of control, renewal, etc.).

(3) The date when the application amendment was filed with the Commission.

or

(4) The output channel or channels on which the station is operating or proposes to operate and the power used or proposed to be used.

(5) In the case of an application for changes in authorized facilities, the nature of the changes sought.

(6) In the case of a major amendment to an application, the nature of the amendment.

(7) A statement that the station engages in or intends to engage in rebroadcasting, and the call letters, location and channel of operation of each station whose signals it is rebroadcasting or intends to rebroadcast.

(h) Within 7 days of the last day of publication or broadcast of the notice required by paragraphs (c), (d), or (g) of this section, the applicant shall file a statement in triplicate with the Commission, setting forth the dates on which the notice was published, the newspaper in which the notice was published, the text of the notice, and/or, where applicable, the dates and times that the notice was broadcast and the text thereof. When public notice is given by other means, as provided in paragraph (g) of this section, the applicant shall file, within 7 days of the giving of such notice, the text of the notice, the means by which it was accomplished, and the date thereof.

(i) Any party in interest may file with the Commission a petition to deny such any application (whether as originally filed or amended) no later than 30 days after issuance of a public notice of the acceptance for filing of any such application or amendment thereto: Provided, however, That in the case of applications for standard broadcast facilities, petitions to deny may be filed at any time prior to the day of Commission grant thereof without hearing or the

day of formal designation thereof for hearing; but where the Commission issues a public notice pursuant to the provisions of § 1.571 (c) listing standard broadcast applications as available and ready for processing, no petitions to deny any such listed application will be accepted after the "cut off" date specified in the public notice: And provided further, That in the case of applications for renewal of license, petitions to deny may be filed at any time prior to theday of Commission grant thereof without hearing or the day of formal designation thereof for hearing. Petitions to deny shall contain specific allegations of fact sufficient to show that the petitioner is a party in interest and that a grant of the application would be prima facie inconsistent with the public interest, convenience, and necessity. Such allegations of fact shall, except for those of which official notice may be taken, be supported by affidavit of a person or persons with personal knowledge thereof.

(j) The applicant may file an opposition to any petition to deny, and the petitioner a reply to such opposition (see § 1.45) in which allegations of fact or denials thereof shall be supported by affidavit of a person or persons with personal knowledge thereof.

(k) (1) The provisions of sections 30 and 311(a) of the Communications Act as amended by Public Law 86-752, shal not be applicable to applications for as signments of licenses or construction permits or for transfers of control o corporate licensees or permittees which are pending before the Commission and which have not been designated fo hearing prior to December 12, 1960.

(2) Any other applications in th categories subject to this section whic are pending before the Commission an which have not been designated for hear ing before December 12, 1960, will not b acted on by the Commission until at leas 30 days after that date. Any party i interest may file a petition to deny suc applications pursuant to the provisior of this section. The provisions of sectio 309 of the Communications Act, as i effect prior to December 12, 1960, sha not be applicable to such application However, such applications shall not t subject to the provisions of paragrap (c) of this section.

(Sec. 5(a), 74 Stat. 892; 47 U.S.C. 31 [28 F.R. 12434, Nov. 22, 1963, as amended 30 F.R. 4547, Apr. 8, 1965; 30 F.R. 6781, M 19, 1965; 30 F.R. 13061, Oct. 14, 1965]

$1.587 Procedure for filing informal objections.

Before Commission action on any application for an instrument of authorzation, other than a license pursuant to a construction permit, any person may file informal objections to the grant. Such objections shall be signed by the objector. The limitation on pleadings and time for filing pleadings provided for §1.45 shall not be applicable to any cojections duly filed under this section.

ACTION ON APPLICATIONS

1.591 Grants without hearing of authorizations other than licenses pursuant to construction permits.

(a) In the case of any application for an instrument of authorization other than a license pursuant to a constructon permit, the Commission will make the grant if it finds (on the basis of the application, the pleadings filed, or other matters which it may officially notice) that the application presents no substantal and material question of fact and meets the following requirements:

(1) There is not pending a mutually exclusive application filed in accordance with paragraph (b) of this section;

2) The applicant is legally, techfically, financially, and otherwise qualified:

(3) The applicant is not in violation of provisions of law or this chapter or established policies of the Commission;

(4) A grant of the application would otherwise serve the public interest, conTendence, and necessity.

(b) In making its determinations pursuant to the provisions of paragraph (a) of this section, the Commission will not consider any other application, or any other application if amended so as to require a new file number, as being mutually exclusive or in conflict with the application under consideration unsuch other application was substantally complete and tendered for filing by Whichever date is earlier: (1) The close of banness on the day preceding the day which the Commission takes action I respect to the application under deration; or (2) the close of busiSess on the day preceding the day desigtated by public notice in the FEDERAL acar as the day the application ter consideration is available and ready for processing.

NOTE: Paragraph (b) (2) of this section applies only to standard broadcast applications for new stations or for major changes in the facilities of authorized stations. See also §§ 1.227(b)(1) and 1.571 (c) and (h).

(c) If a petition to deny the application has been filed in accordance with § 1.580 and the Commission makes the grant in accordance with paragraph (a) of this section, the Commission will deny the petition and issue a concise statement setting forth the reasons for denial and disposing of all substantial issues raised by the petition.

(Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309)

§ 1.592 Conditional grant.

(a) Where a grant of an application would preclude the grant of any application or applications mutually exclusive with it, the Commission may, if the public interest will be served thereby, make a conditional grant of one of the applications and designate all of the mutually exclusive applications for hearing. Such conditional grant will be made upon the express condition that such grant is subject to being withdrawn if, at the hearing, it is shown that public interest will be better served by a grant of one of the other applications. Such conditional grants will be issued only where it appears:

(1) That some or all of the applications were not filed in good faith but were filed for the purpose of delaying or hindering the grant of another application; or

(2) That public interest requires the prompt establishment of broadcast service in a particular community or area; or

(3) That a grant of one or more applications would be in the public interest, and that a delay in making a grant to any applicant until after the conclusion of a hearing on all applications might jeopardize the rights of the United States under the provisions of international agreement to the use of the frequency in question; or

(4) That a grant of one application would be in the public interest, and that it appears from an examination of the remaining applications that they cannot be granted because they are in violation of provisions of the Communications Act, other statutes, or the provisions of this chapter.

(b) When two or more applications for the same television assignment have been designated for hearing, the Commission

may, if the public interest will be served thereby, make a conditional grant to a group composed of any two or more of the competing applicants, such grant to terminate when the successful applicant commences operation under the terms of a regular authorization. No conditional grant will be made unless all of the competing applicants have been afforded a reasonable opportunity to participate in the group seeking the conditional grant. In its application, the group shall include a special showing as to the need for the service pending operation by the successful applicant under the terms of a regular authorization; the effect, if any, of a grant on the position of any applicant which is not a member of the group; and any other factors which are deemed pertinent to the public interest judgment. § 1.593 Designation for hearing.

If the Commission is unable, in the case of any application for an instrument of authorization, to make the findings specified in § 1.591(a), it will formally designate the application for hearing on the grounds or reasons then obtaining and will forthwith notify the applicant and all known parties in interest of such action and the grounds and reasons therefor, specifying with particularity the matters and things in issue but not including issues or requirements phrased generally.

(Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309)

§ 1.594 Local notice of designation for hearing.

(a) Except as otherwise provided in paragraph (c) of this section, when an application subject to the provisions of § 1.580 (except for applications for stations in the international broadcast service and for television translator stations) is designated for hearing, the applicant shall cause to be published a notice of such designation as follows: Notice shall be published at least twice a week, for 2 consecutive weeks within the 3-week period immediately following release of the Commission's order specifying the time and place of the commencement of the hearing, in a daily newspaper of general circulation published in the community in which the station is located or proposed to be located: Provided, however, That if there is no such daily newspaper published in the community, the notice shall be published as follows:

(1) If one or more weekly newspapers of general circulation are published in the community in which the station is located or 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 specifying the time and place of the commencement of the hearing;

(2) If no weekly newspaper of general circulation is published in the community in which the station is located or 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 specifying the time and place of the commencement of the hearing in the daily newspaper having the greatest general circulation in the community in which the station is located or proposed to be located:

And provided further, That in the case of an application for a permit pursuant to section 325 (b) of the Communications Act, the notice shall be published at least twice a week for 2 consecutive weeks within the 3-week period immediately following release of the Commission's order specifying the time and place of the commencement of the hearing in a daily newspaper of general circulation in the largest city in the principal area to be served in the United States by the foreign radio broadcast station:

And provided further, That in the case of an application for change in the location of a station, the notice shall be published both in the community in which the station is located and in the community in which the station is proposed to be located.

(b) When an application which is subject to the provisions of § 1.580 and which seeks modification, assignment, transfer, or renewal of an operating broadcast station is designated for hearing (except for applications for stations in the international broadcast service and for television translator stations), the applicant shall, in addition to publishing a notice of such designation as provided in paragraph (a) of this section, cause the same notice to be broadcast over that station at least once daily on 4 days in the second week immediately following the release of the Commission's order specifying the time and place of the commencement of the hearing. In