AVIATION SERVICES APPLICATION PROCESSING PROCEDURES § 1.951 How applications are distributed. Applications for radio station authorizations in the Safety and Special Radio Services are forwarded for processing to the various divisions as follows: Air (a) Aviation Radio Division: Carrier Aircraft, Private Aircraft, Airdrome Control, Aeronautical Enroute, Aeronautical Fixed, Operational Fixed (Aviation), Aeronautical Utility Mobile, Radionavigation (Aviation), Flight Test, Flying School, Aeronautical Public Service, Civil Air Patrol, Aeronautical Advisory, Aeronautical Metropolitan, Aeronautical Search and Rescue Mobile, and Aeronautical Multicom. (b) Industrial Radio Division: Business, Forest Products, Industrial Radiolocation, Manufacturers, Motion Picture, Petroleum, Power, Relay Press, Special Industrial, Telephone Maintenance, Motor Carrier, Railroad, Taxicab, and Automobile Emergency. (c) Amateur and Citizens Radio Division: Amateur, Disaster, RACES, and Citizens. (d) Marine Radio Division: Public Coast Stations, Limited Coast Stations, Stations on Land in the Maritime Radiodetermination Service, Fixed Stations associated with the Maritime Mobile Service, Stations operated in the Land Mobile Service for maritime purposes, Stations on Shipboard in the Maritime Services, and Public Fixed Stations in Alaska. (e) Public Safety Radio Division: Fire, Forestry-Conservation, Highway Maintenance, Local Government, Police, Special Emergency, and State Guard. § 1.952 How file numbers are assigned. (a) File numbers are assigned to certain categories of applications by the various Divisions of the Safety and Special Radio Services Bureau. Applications for fixed stations using frequencies above 952 Mc/s are further designated by the addition of a letter X at the end of the file number. (b) File number symbols and service or class of station designators: AMATEUR AND DISASTER SERVICES Y-Amateur. D-Disaster. R-RACES. MK-Alaskan group. PF-Fire. PS Special emergency. (c) Application or authorization designator symbols: P-Construction Permit. MP-Modified CP. MP/L-Modified CP and License. MP/ML-Modified CP and Modified License. AP-Assignment of Permit. L-License. ML-Modified License. AL-Assignment of License. P/L-Combination CP and License. R-Renewed License. TC-Transfer of Control. § 1.953 How applications are processed. (a) Applications are processed in sequence according to date of filing. Ap plications which are in accordance with the provisions of this chapter and established policies of the Commission may be processed to completion in accordance with the applicable delegations of authority as set forth in Part 0 of this chapter; (b) Applications are presented to the Commission in cases where: (1) Applicant requests reconsideration of action taken by the staff under such delegations of authority; (2) Requests are made for waiver of, or exception to, a rule for a period in excess of 180 days, but not including certain categories of requests for waivers in excess of 180 days pertaining to ship stations covered by § 0.331(b) (13) of this chapter; (3) Applicant requests construction permit for new public coast station at locations other than Alaska; (4) The staff is not authorized to dismiss an application consistent with the provisions of this chapter and is unable to reach the positive public interest findings prescribed by § 1.971(a); or (5) A petition has been filed to deny an application of the categories listed in § 1.962. $1.955 Frequency coordination, Canada. (a) As a result of mutual agreements, the Commission has, since May 1950, exchanged comments with the Canadian Department of Transport regarding proposed assignments in certain frequency bands for stations north of "Line A". Line A is described as follows: Begins at Aberdeen,Washington, running by great circle arc to the intersection of 48° N. and 120° W., thence along parallel 48 N. to the intersection of 95° W., thence by great circle arc through the southernmost point of Duluth, Minn., thence by great circle arc to 45° N. 85° W, thence southward along the meridian 85 W., to its intersection with parallel 41* N., thence along parallel 41° N. to its Intersection with meridian 82° W., thence by great circle arc through the southernmost point of Bangor, Maine, thence by great circle arc through the 10.thernmost point of Searsport, Maine, at which point it terminates. (a) Applications for authorization in the Safety and Special Radio Services which indicate that the equipment therefor will be obtained pursuant to leasemaintenance arrangements with the American Telephone and Telegraph Company or its subsidiaries will not be granted. (b) For the purposes of this section, subsidiaries of A. T. & T. include the following: Bell Telephone Co. of Nevada Southern Bell Telephone and Telepgraph Co. The Bell Telephone Co. of Pennsylvania The Chesapeake and Potomac Telephone Co. of Virginia The Chesapeake and Potomac Telephone Co. of West Virginia The Cincinnati and Suburban Bell Telephone Co. The Diamond State Telephone Co. The Mountain States Telephone and Telegraph Co. The Ohio Bell Telephone Co. The Pacific Telephone and Telegraph Co. NOTE: Pending final action in Docket No. 12722, the terms of this section are not intended to encompass in a negative or affirmative manner, applications involving telephone company lease-maintenance arrangements which have been found or may be found, by any jurisdiction, to be "the furnishing of common carrier communications services" and/or if the charges therefor are or may become "subject to public regulation." See Pars. 24 and 25, First Report and Order, Docket No. 12722. § 1.958 Defective applications. (a) Applications which are incomplete with respect to completeness of answers, supplementary statements, execution, or other matters of a formal character shall be deemed to be defective and may be returned to the applicant with a brief statement as to such defects. (b) Applications will also be deemed to be defective and may be returned to the applicant in the following cases: (1) Statutory disqualification of applicant, e. g., aliens under section 310 of the Communications Act; (2) Proposed use or purpose of station would be unlawful; (3) Requested frequency is not allocated for assignment for the service proposed. (c) Applications which are not in accordance with the provisions of this chapter or other requirements of the Commission will be considered defective and may be dismissed unless accompanied either by (1) a petition to amend any rule or regulation with which the application is in conflict, or (2) a request of the applicant for waiver of, or exception to, any rule, regulation, or requirement with which the application is in conflict. Such request shall show the nature of the waiver or exception desired and set forth the reasons in support thereof. Applications may be dismissed, if the accompanying petition for waiver or amendment of rules does not set forth reasons which, sufficient if true, would justify a waiver or change of the rules. (d) If an applicant is requested by the Commission to file any additional documents or information not included in the prescribed application form, failure to comply with such request will be deemed to render the application defective, and such application may be dismissed. (Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. 308) § 1.959 Resubmitted applications. Any application which has been returned to the applicant for correction will be processed in original order of receipt when resubmitted if it is received within 30 days (45 days outside continental United States) from the date on which it was returned to the applicant. If the application is not resubmitted within the prescribed time, it will be treated as a new application and considered at the time other applications received on the same date are considered. § 1.961 Dismissal of applications. (a) Any application may, upon written request signed by the applicant or his attorney, be dismissed without prejudice as a matter of right prior to the designation of such application for hearing. (b) Failure to prosecute an application, or failure to respond to official correspondence or request for additional information, will be cause for dismissal. Such dismissal will be without prejudice where an application has not yet been designated for hearing; such dismissal may be with prejudice after an application has been designated 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 will be granted only for good cause shown. Such petition must be accompanied by a written and signed statement of a person with knowledge of the facts as to whether or not consideration has been promised to or received by petitioner, directly or indirectly, in connection with the filing of such petition for dismissal of the application. § 1.962 Public notice of acceptance for filing; petitions to deny applications of specified categories. (a) Except as qualified in paragraph (b) of this section, the provisions of this section shall apply to all applications for authorizations, and substantial amendments thereof, for the categories of stations and services listed in this paragraph which are filed with the Commission on or after December 12, 1960, and to such applications which were filed prior to December 12, 1960, but are amended substantially on or after that date. (1) Fixed point-to-point stations using frequencies above 890 Mc/s (exclusive of control, relay, and repeater stations used as integral parts of mobile radio systems). (2) Industrial radiopositioning stations for which frequencies are assigned on an exclusive basis. (3) Aeronautical enroute stations. (4) Aeronautical advisory stations. (5) Airdrome control stations. (6) Aeronautical fixed stations. (7) Public coast stations, excluding those located in Alaska which will not render service for hire. (b) The provisions of this section are not applicable to applications for the type of authorizations listed in this paragraph. (1) A minor change in the facilities of an authorized station or a minor amendment of an application on file. (2) Consent to an involuntary assignment or transfer under section 310(b) of the Communications Act or to a voluntary assignment or transfer thereunder which does not involve a substantial change in ownership or control. (3) A license under section 319 (c) of the Communications Act or, pending application for or grant of such license, any special or temporary authorization to permit interim operation to facilitate cumpletion of authorized construction or to provide substantially the same service as would be authorized by such Loensee. (4) Extension of time to complete construction of authorized facilities. (5) A special temporary authorization ft to exceed 30 days where the applicant does not contemplate the filing of an Application for regular operation, or not to exceed 60 days pending or after the ling of an application for regular opera 16) An authorization under any of the 30 clauses of section 308(a) of the Communications Act. es For the purposes of this section, a rubstantial amendment of an applica tion on file and applications for a substantial change in the facilities of an authorized station shall be: (1) Any addition or change in frequency (except deletion of a frequency); (2) Any change in antenna azimuth; (3) Any change in antenna beam width; (4) Any change in antenna location greater than 5 seconds; (5) Any change in antenna location of less than 5 seconds but also involving a requirement for special aeronautical study; (6) Any change in emission; (7) Any increase in antenna height; (8) Any increase in authorized power in excess of a 2 to 1 ratio; (9) Any increase in emission bandwidth. (d) All amendments of an application on file and all changes requested in the facilities of an authorized station other than those amendments and modifications listed in paragraph (c) of this section shall be considered minor. (e) The Commission will issue at regular intervals a "Public Notice" listing all applications subject to this section which have been accepted for filing. Such "Public Notice" will re-list any application which has been amended substantially since its previous listing. For the purposes of this section, "accepted for filing" means that an application has been received at the Commission. Such acceptance for filing shall not preclude the subsequent dismissal of an application, pursuant to the provisions of this chapter, as being defective. (f) No application subject to the provisions of this section, as originally filed or substantially amended, will be granted by the Commission prior to the thirtyfirst day following the issuance of public notice of the acceptance for filing of such application or of any substantial amendment thereof: Provided, however, That the Commission, notwithstanding the requirements of this paragraph, may, if the grant of such application is otherwise authorized by law and if it finds that there are extraordinary circumstances requiring emergency operations in the public interest and that delay in institution of such emergency operations would seriously prejudice the public interest, grant a temporary authorization, accompanied by a statement of its reasons therefor, to permit such emergency operation for a period not exceeding 90 days, tioner shall serve a copy of such petition on the applicant. A petition 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 except for those of which official notice may be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof. (h) The applicant may file an opposition to any petition to deny and the petitioner may file a reply thereto (see § 1.45) in which allegations of fact or denials thereof, except for those of which official notice may be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof. The applicant shall serve a copy of his opposition on the petitioner, and the petitioner shall serve a copy of his reply on the applicant. (Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309) [28 F.R. 12454, Nov. 22, 1963, as amended at 29 F.R. 7822, June 19, 1964; 30 F.R. 4479, Apr. 7, 1965] ACTION ON APPLICATIONS AUTHORITY: §§ 1.971 and 1.973 issued under sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309. § 1.971 Grants without a hearing. (a) The Commission will grant without a hearing an application for a station authorization if it is proper upon its face and if the Commission finds from an examination of such application and supporting data, any pleading filed, or other matters which it may officially notice, that: (1) There are no substantial and material questions of fact; (2) The applicant is legally, technically, financially, and otherwise qualified; (3) A grant of the application would not involve modification, revocation, or non-renewal of any existing license or outstanding construction permit; (4) A grant of the application would not preclude the grant of any mutually exclusive application; and (5) A grant of the application would serve the public interest, convenience, and necessity. (b) If a petition to deny an application has been filed pursuant to § 1.962 and the Commission grants such application pursuant to paragraph (a) of this section, the Commission will deny the petition and issue a concise statement of the reason for such denial and disposing of all substantial issues raised by the petition. § 1.973 Designation for hearing. (a) If the Commission is unable to make the findings prescribed by § 1.971(a) with reference to an application filed prior to December 12, 1960, and not amended substantially on or after that date, the Commission, by letter, will notify the applicant and other known parties in interest of the grounds and reasons for its inability to make such findings and of all the objections made to such application. Following such notice, the applicant will be given an opportunity to reply. If the Commission after considering such reply is still unable to make the findings prescribed by § 1.971(a), it will formally designate the application for hearing on the grounds or reasons then obtaining and shall notify the applicant and all other known parties in interest of such action. (b) If the Commission is unable to make the findings prescribed in § 1.971 (a) with reference to any application filed on or after December 12, 1960, or any application filed prior to December 12, 1960, but amended substantially on or after that date, it will formally designate the application for hearing on the grounds or reasons then obtaining and will notify forthwith the applicant and all other known parties in interest of such action. (c) Orders designating applications for hearing will specify with particularity the matters and things in issue and will not include issues or requirements phrased generally. (d) Parties in interest, if any, who are not notified by the Commission of its action in designating a particular application for hearing may acquire the status of a party to the proceeding by filing a |