Sec. 1.972  Grants by random selection.

    (a) The provisions of this section, including provisions 
incorporated by reference, may apply to applications for initial 
licenses:
    (1) For stations in the following Private Radio Services:

Part 80--Stations in the Maritime Services
Part 87--Aviation Services
Part 90--Private Land Mobile Services
Part 95--Subpart F--Personal Radio Services
Part 101--Subpart H--Private Operational Fixed Point-to-Point Microwave 
Service.

    (2) In any other proceedings in the Private Radio Services in which 
the Commission determines that there is no material difference in 
competing applicants' abilities to serve the public interest.
    (b) Applications in the services specified above shall be tendered, 
filed, accepted or dismissed, publicly noted, and subject to Petitions 
to Deny in accordance with Sec. 1.962 and the rules and policies 
established for each respective service.
    (c) If there are mutually exclusive applications for an initial 
license for stations subject to part 80 or part 87 of this chapter, or 
if there are more applications for an initial license in part 90, part 
95-subpart F, or part 101- subpart H of this chapter, than can be 
accommodated on available frequencies, the Commission may process the 
applications pursuant to a system of random selection. Each such random 
selection shall be conducted pursuant to an order issued by the Wireless 
Telecommunications Bureau and under the direction of the Chief of the 
Bureau.
    (d) Expedited hearing proceedings may be used to apply comparative 
criteria to determine which applications will be granted, denied or 
subjected to random selection. The selection percentages, preferences, 
and probability calculations prescribed in Sec. 1.1621 et seq. of this 
part are not applicable to any system of random selection conducted in 
the Private Radio Bureau. Following the random selection, the Commission 
will announce the tentative selectee and determine whether the tentative

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selectee is qualified to receive the license under the rules applicable 
to the respective service. Where authorized under Sec. 1.962, Petitions 
to Deny which have been filed against the tentative selectee before the 
random selection will be reviewed and processed prior to grant, in 
accordance with Sec. 1.962 and rules applicable to each respective 
service. If the Commission determines that the tentative selectee has 
satisfied all requirements, it will grant the application. If it is 
determined that an initial tentative selectee is not qualified to 
receive the license grant, another tentative selectee chosen from among 
the same applicant pool during the same random selection will be 
designated until a qualified applicant is determined. If the Commission 
determines that a substantial and material question of fact exists, it 
will designate the question for hearing. Hearings may be conducted by 
the Commission or the Chief of the Private Radio Bureau, or, in the case 
of a question which requires oral testimony for its resolution, an 
Administrative Law Judge.
[ 48 FR 27201 , June 13, 1983, as amended at  48 FR 43330 , Sept. 23, 1983; 
 49 FR 30946 , Aug. 2, 1984;  50 FR 4650 , Feb. 1, 1985;  51 FR 31304 , Sept. 
2, 1986;  57 FR 8274 , Mar. 9, 1992;  59 FR 24957 , May 13, 1994;  61 FR 26671 , May 28, 1996]