Goto Section: 21.12 | 21.14 | Table of Contents
FCC 21.13
Revised as of
Goto Year:1996 |
1998
Sec. 21.13 General application requirements.
(a) Each application for a license or for consent to assignment or
transfer of control shall:
(1) Disclose fully the real party (or parties) in interest,
including (as required) a complete disclosure of the identify and
relationship of those persons or entities directly or indirectly owning
or controlling (or both) the applicant;
(2) Demonstrate the applicant's legal, financial, technical, and
other qualifications to be a permittee or licensee;
(3) Submit the information required by the Commission's Rules,
requests, and application forms;
(4) Except for applications in the Multipoint Distribution Service
filed on or after September 15, 1995, state specifically the reasons why
a grant of the proposal would serve the public interest, convenience,
and necessity.
(5) Be maintained by the applicant substantially accurate and
complete in all significant respects in accordance with the provisions
of Sec. 1.65 of this chapter; and
(6) Show compliance with the special requirements applicable to each
radio service and make all special showings that may be applicable
(e.g., those required by secs. 21.900, 21.912 and 21.913).
(b) Applications filed in the Multipoint Distribution Service shall
not cross-reference previously filed material.
(c) In addition to the general application requirements of
Secs. 21.13 through 21.17 of this part, applicants shall submit any
additional documents, exhibits, or signed written statements of fact:
(1) As may be required by the other parts of the Commission's Rules,
and the other subparts of Part 21 (particularly Subpart C and those
subparts applicable to the specific radio service involved); and
(2) As the Commission, at any time after the filing of an
application and during the term of any authorization, may require from
any applicant, permittee, or licensee to enable it to determine whether
a radio authorization should be granted, denied, or revoked.
(d) Except when the Commission has declared explicitly to the
contrary, an informational requirement does not in itself imply the
processing treatment of decisional weight to be accorded the response.
(e) All applicants are required to indicate at the time their
application is filed whether an authorization of the facilities is
categorically excluded as defined by Sec. 1.1306 of the Commission's
rules. If answered affirmatively, an Environmental Assessment as
described by Sec. 1.1311, need not be filed with the application.
(f) Whenever an individual applicant, or a partner (in the case of a
partnership) or a full time manager (in the case of a corporation) will
not actively participate in the day-to-day management and operation of
proposed facilities, the applicant or licensee will submit a statement
containing the reasons therefor and disclosing the details of the
proposed operation, including a demonstration of how control over the
radio facilities will be retained by the applicant. If the operation of
a radio
[[Page 24]]
station is to be accomplished by contractual arrangement with an entity
unrelated to an applicant or licensee, the applicant or licensee shall
file a copy of the agreement or contract which shall demonstrate that:
(1) The operation is accomplished according to general instructions
provided for by the applicant;
(2) The applicant retains effective control over the radio
facilities and their operations; and
(3) The applicant assumes full responsibility for both the quality
of service and for contractor compliance with the Commission's Rules.
[ 44 FR 60534 , Oct. 19, 1979, as amended at 47 FR 29244 , July 6, 1982; 51 FR 15003 , Apr. 22, 1986; 52 FR 37778 , Oct. 9, 1987; 55 FR 46008 , Oct.
31, 1990; 58 FR 19774 , Apr. 16, 1993; 58 FR 44894 , Aug. 25, 1993; 60 FR 36551 , July 17, 1995; 61 FR 26673 , May 28, 1996]
Goto Section: 21.12 | 21.14
Goto Year: 1996 |
1998
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