Sec. 101.35  Preliminary processing of applications.

    (a) Applications received for filing are given a file number. The 
assignment of a file number to an application is for administrative 
convenience and does not indicate the acceptance of the application for 
filing and processing and does not preclude the subsequent return of the 
application.
    (b) Applications that are incomplete with respect to answers, 
supplementary statements, execution, or other matters of a formal 
character will be considered defective and may be returned to the 
applicant with a brief statement as to such defects. 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. Applications will also 
be deemed to be defective and may be returned to the applicant in the 
following cases:
    (1) Statutory disqualification of applicant;
    (2) Proposed use or purpose of station would be unlawful;
    (3) Requested frequency is not allocated for assignment for the 
service proposed;
    (4) The submitted filing fee (if required) is insufficient;
    (5) The application does not demonstrate compliance with the special 
requirements applicable to the radio service involved;
    (6) The applications does not include all necessary exhibits; or
    (7) The application fails to meet any other Commission requirements.
    (c) Any application that has been returned to the applicant for 
correction will be processed in original order of receipt when 
resubmitted if it is received within 60 days from the date on which it 
was returned to the applicant and the change does not involve a major 
amendment. If the application is not resubmitted within the prescribed

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time, it will be treated as a new application and considered at the time 
other applications received on the same date are considered.
    (d) Applications considered defective under paragraph (b) of this 
section may be accepted for filing if:
    (1) The application is accompanied by a request which sets forth the 
reasons in support of a waiver of (or an exception to), in whole or in 
part, any specific rule, regulation, or requirement with which the 
application is in conflict; or
    (2) The Commission, upon its own motion, waives (or allows an 
exception to), in whole or in part, any rule, regulation or requirement.
    (e) Competitive bidding applications will be processed pursuant to 
part 1, subpart Q, of this chapter and subpart M of this part.
[ 61 FR 26677 , May 28, 1996, as amended at  62 FR 23164 , Apr. 29, 1997]