Sec. 1.823  Random selection procedures for the Public Mobile Services.

    (a) General Procedures. If there are mutually exclusive applications 
for an initial license, the Commission may use a random selection 
process. Each such random selection shall be conducted under the 
direction of the Chief of the Common Carrier Bureau. The designated 
Lottery Official shall select

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the winning applicant from among mutually exclusive applicants. The 
Lottery Official may select in rank order a number of additional 
applicants. The number of additional applicants selected will be 
determined by the Chief of the Common Carrier Bureau and the Managing 
Director. No preferences shall be awarded to participants. Following the 
random selection, the Commission shall announce the tentative selectee 
and determine whether this applicant is qualified to receive the 
license. If the Commission determines that the tentative selectee is 
qualified, it shall grant the application.
    (b) Petitions to Deny--(1) Public Mobile Services other than the 
Cellular Radiotelephone Service. Petitions to Deny and other pleadings 
may be filed against applications but are not reviewed prior to the 
random selection process. Petitions filed against tentative selectee 
applications are reviewed after the tentative selectee is announced.
    (2) [Reserved]
    (3) Cellular Radiotelephone Service, unserved areas. In the Phase I 
licensing phase, petitions to deny must be filed within 30 days after 
the date of public notice announcing the tentative selectee. If the 
tentative selectee is qualified, the Commission will grant its 
application and dismiss the losing applications. If the tentative 
selectee's application cannot be granted, it will be either designated 
for hearing or dismissed. If the winning application is dismissed or 
ultimately denied, another lottery will be held to select an application 
from the remaining applications. In the Phase II licensing phase, 
petitions to deny must be filed within 30 days from the date of public 
notice accepting the application for filing.
    (c) Petitions for Reconsideration. Motions to Stay or Applications 
for Review may be filed only at such time as the Commission grants or 
denies the tentative selectee's application. The filing periods 
specified in the Rules shall apply for such pleadings.
[ 50 FR 5991 , Feb. 13, 1985, as amended at  50 FR 51527 , Dec. 18, 1985;  53 FR 52425 , Dec. 28, 1988;  56 FR 58506 , Nov. 20, 1991;  59 FR 59503 , Nov. 
17, 1994;  59 FR 59949 , Nov. 21, 1994]