Sec. 21.20  Defective applications.

    (a) Unless the Commission shall otherwise permit, an application 
will be unacceptable for filing and will be returned to the applicant 
with a brief statement as to the omissions or discrepancies if:
    (1) The application is defective with respect to completeness of 
answers to questions, informational showings, execution, or other 
matters of a formal character; or
    (2) The application does not substantially comply with the 
Commission's rules, regulations, specific requests for additional 
information, or other requirements.

    (b) By way of illustration only, and not in any way limiting the 
scope of paragraph (a), the following are examples of common 
deficiencies which result in defective applications under paragraph (a):
    (1) The application is not properly executed;
    (2) The submitted filing fee (if a filing fee is required) is 
insufficient;
    (3) The application does not demonstrate how the proposed radio 
facilities will serve the public interest, convenience or necessity;
    (4) The application does not demonstrate compliance with the special 
requirements applicable to the radio service involved;
    (5) The application does not certify the availability of the 
proposed station site.
    (6) The application does not include the environmental assessment 
required for any significant environmental impact under the Commission's 
environmental rules (part 1, subpart I);
    (7) The application does not specify the polarization and, where 
applicable, the antenna orientation azimuth and distance;
    (8) The application does not include all necessary exhibits;
    (9) The application is filed after the cutoff date prescribed in 
Sec. 21.31 or Sec. 21.914 of this part; or
    (10) The application proposes the use of a frequency not allocated 
to such use.
    (c) Applications considered defective under paragraph (a) 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.
    (d) If an applicant is requested by the Commission to file any 
documents or any supplementary or explanatory information not 
specifically required in the prescribed application form, a failure to 
comply with such request within a specified time period will be deemed

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to render the application defective and will subject it to dismissal.
[ 44 FR 60534 , Oct. 19, 1979, as amended at  52 FR 5294 , Feb. 20, 1987;  52 FR 37779 , Oct. 9, 1987;  55 FR 46009 , Oct. 31, 1990;  58 FR 11797 , Mar. 1, 
1993;  61 FR 26674 , May 28, 1996]