Sec. 25.116 Amendments to applications.
(a) Unless otherwise specified, any pending application may be
amended until designated for hearing, a public notice is issued stating
that a substantive disposition of the application is to be considered at
a forthcoming Commission meeting, or a final order disposing of the
matter is adopted by the Commission.
(b) Major amendments submitted pursuant to paragraph (a) of this
section are subject to the public notice requirements of Sec. 25.151. An
amendment will be deemed to be a major amendment under the following
circumstances:
(1) If the amendment increases the potential for interference, or
changes the proposed frequencies or orbital locations to be used.
(2) If the amendment would convert the proposal into an action that
may have a significant environmental effect under Sec. 1.1307 of this
chapter.
(3) If the amendment specifies a substantial change in beneficial
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, provided however, that the change
would not be considered major where it merely amends an application to
reflect a change in ownership or control of the station that had been
previously approved by the Commission.
(4) 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.
(c) Any application will be considered to be a newly filed
application if it is amended by a major amendment (as defined by
paragraph (b) of this section) after a ``cut-off'' date applicable to
the application, except under the following circumstances:
(1) The amendment resolves frequency conflicts with authorized
stations or other pending applications but does not create new or
increased frequency conflicts;
(2) The amendment reflects only a change in ownership or control
found by the Commission to be in the public interest and, for which a
requested exemption from a ``cut-off'' date is granted;
(3) The amendment corrects typographical, transcription, or similar
clerical errors which are clearly demonstrated to be mistakes by
reference to other parts of the application, and whose discovery does
not create new or increased frequency conflicts; or
(4) The amendment does not create new or increased frequency
conflicts, and is demonstrably necessitated by events which the
applicant could not have reasonably foreseen at the time of filing.
(d) Any amendment to an application shall be signed and submitted in
the same manner, and with the same number of copies, as was the original
application.
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.