Sec. 1.958  Defective applications.

    (a) Applications will be considered defective if:
    (1) The applicant is disqualified by statute.
    (2) The proposed use or purpose of the station applied for would be 
unlawful.
    (3) The frequency applied for is not allocated to the service 
proposed.
    (4) The application form is not signed in accordance with Sec. 1.913 
of these rules.
    (5) The application is not complete with respect to answers, 
supplementary statements, execution or other matters of a formal 
character.
    (6) The application is not in accordance with the Commission's rules 
or requirements and is not accompanied either by (i) a petition to amend 
any rule or regulation with which the application is in conflict, or 
(ii) a request by the applicant for waiver of any rule or requirement 
with which the application is in conflict. A request for rule amendment 
or waiver must show the nature of the amendment or waiver requested and 
set forth the reasons in support of it. Requests for waiver must state 
the nature of the waiver or exception desired and set forth reasons in 
support thereof including a showing that unique circumstances are 
involved and that there is no reasonable alternative solution within 
existing rules.
    (7) The applicant is requested by the Commission to file any 
additional documents or information not included in the prescribed form 
and the applicant

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fails to comply with the Commission's request.
    (b) An application which is defective on its face will not be 
accepted for filing and will be dismissed.
    (c) An application which is accepted for filing, but which is later 
determined to be defective, will be dismissed.
[ 49 FR 30945 , Aug. 2, 1984, as amended at  54 FR 38995 , Sept. 22, 1989]