Sec. 21.23  Amendment of applications.

    (a)(1) Any pending application may be amended as a matter of right 
if the application has not been designated for hearing, or for 
comparative evaluation pursuant to Sec. 21.35, or for the random 
selection process, provided, however, that the amendments must comply 
with the provisions of Sec. 21.29 as appropriate and the Commission has 
not otherwise forbidden the amendment of pending applications.
    (2) A Multipoint Distribution Service application tentatively 
selected for qualification review by the random selection process may be 
amended as a matter of right up to 14 days after the date of the public 
notice announcing the tentative selection, provided, however, that the 
amendments must comply with the provisions of Sec. 21.29 as appropriate 
and the Commission has not otherwise forbidden the amendment of pending 
applications.
    (3) Provided, however, applications may not be amended if the 
amendments seek more than a pro forma change of ownership or control 
(bankruptcy, death or legal disability) of a pending Multipoint 
Distribution Service application and any amendment or application will 
be dismissed if the amendment or application seeks more than a pro forma 
change of ownership or control.
    (b) Requests to amend an application designated for hearing or for 
comparative evaluation or for tentative selection for qualification 
review by the random selection process may be granted only if a written 
petition demonstrating good cause is submitted and properly served on 
the parties of record, except that Multipoint Distribution Service 
applications tentatively selected in a random selection process may be 
amended as a matter of right as provided in paragraph (a) of this 
section. Provided, however, requests to amend applications will not be 
granted that seek more than a pro forma change of ownership or control 
(bankruptcy, death or legal disability) of a pending Multipoint 
Distribution Service application and any application seeking more than a 
pro forma change of ownership or control will be dismissed.
    (c) The Commission will classify amendments on a case-by-case basis. 
Whenever previous amendments have been filed, the most recent amendment 
will be classified by reference to how the information in question stood 
as of

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the latest Public Notice issued which concerned the application. An 
amendment will be deemed to be a major amendment subject to Sec. 21.27 
and Sec. 21.31 under any of the following circumstances:
    (1) If in the Multipoint Distribution Service, the amendment results 
in a substantial modification of the engineering proposal such as (but 
not necessarily limited to):
    (i) A change in, or addition of, a radio frequency channel;
    (ii) A change in polarization of the transmitted signal;
    (iii) A change in type of transmitter emission or an increase in 
emission bandwidth of more than ten (10) percent;
    (iv) A change in the geographic coordinates of a station's 
transmitting antenna of more than ten (10) seconds of latitude or 
longitude, or both;
    (v) Any change which increases the antenna height by 3.0 meters (10 
feet) or more;
    (vi) Any technical change which would increase the effective 
radiated power in any direction by more than one and one-half (1.5) dB; 
or
    (vii) Any changes or combination of changes which would cause 
harmful electrical interference to an authorized facility or result in a 
mutually exclusive conflict with another pending application.
    (2)  [Reserved]
    (3) If the amendment would convert a proposal, such that it may have 
a significant impact upon the environment under Sec. 1.1307 of the 
Commission's rules, which would require the submission of an 
environmental assessment, see Sec. 1.1311 of this chapter, and 
Commission environmental review, see Secs. 1.1308 and 1.1312 of this 
chapter.
    (4) If the amendment results in a substantial and material 
alteration of the proposed service.
    (5) If the amendment specifies a substantial change in benefical 
ownership or control (de jure or de facto) of an applicant such that the 
change would require, in the case of an authorized station, the filing 
of a prior assignment or transfer of control application under section 
310(d) of the Communications Act of 1934 [47 U.S.C. 310(d)]. Such a 
change would not be considered major where the assignment or transfer of 
control is for legitimate business purposes other than the acquisition 
of applications.
    (6) If the amendment, or the cumulative effect of the amendment, is 
determined by the Commission otherwise to be substantial pursuant to 
section 309 of the Communications Act of 1934.
    (d) The applicant must serve copies of any amendments or other 
written communications upon the following parties:
    (1) Any applicant whose application appears on its face to be 
mutually exclusive with the application being amended, including those 
applicants originally served under Sec. 21.902;
    (2) Any applicant whose application has been found by the 
Commission, as published in a public notice, to be mutually exclusive 
with the application being amended; and
    (3) Any party who has filed a petition to deny the application or 
other formal objection, when that petition or formal objection has not 
been resolved by the Commission.
    (e) The Commission may waive the service requirements of paragraph 
(e) of this section and prescribe such alternative procedures as may be 
appropriate under the circumstances to protect petitioners' interests 
and to avoid undue delay in a proceeding, if an applicant submits a 
request for waiver which demonstrates that the service requirement is 
unreasonably burdensome. Requests for waiver shall be served on 
petitioners. Oppositions to the petition may be filed within five (5) 
days after the petition is filed and shall be served on the applicant. 
Replies to oppositions will not be entertained.
    (f) Any amendment to an application shall be signed and shall be 
submitted in the same manner, and with the same number of copies, as was 
the original application. Amendments may be made in letter form if they 
comply in all other respects with the requirements of this chapter.
[ 44 FR 60534 , Oct. 19, 1979, as amended at  46 FR 23450 , Apr. 27, 1981; 
 50 FR 5992 , Feb. 13, 1985;  50 FR 45614 , Nov. 1, 1985;  52 FR 37779 , Oct. 
9, 1987;  55 FR 20397 , May 16, 1990;  56 FR 57816 , Nov. 14, 1991;  58 FR 11797 , Mar. 1, 1993;  58 FR 44894 , Aug. 25, 1993;  61 FR 26674 , May 28, 
1996]

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