Sec. 90.165  Procedures for mutually exclusive applications.

    Mutually exclusive commercial mobile radio service applications are 
processed in accordance with the rules in this section, except for 
mutually exclusive applications for licenses in the 220-220 MHz service 
and the 929-930 MHz Paging service, which are processed in accordance 
with the rules in subpart P and subpart T of this part.
    Two or more pending applications are mutually exclusive if the grant 
of one application would effectively preclude the grant of one or more 
of the others under Commission rules governing the services involved.
    (a) Separate applications. Any applicant that files an application 
knowing that it will be mutually exclusive with one or more applications 
should not include in the mutually exclusive application a request for 
other channels or facilities that would not, by themselves, render the 
application mutually exclusive with those other applications. Instead, 
the request for such other channels or facilities should be filed in a 
separate application.
    (b) Filing groups. Pending mutually exclusive applications are 
processed in filing groups. Mutually exclusive applications in a filing 
group are given concurrent consideration. The Commission may dismiss as 
defective (pursuant to Sec. 90.162) any mutually exclusive 
applications(s) whose filing date is outside of the date range for 
inclusion in the filing group. The types of filing groups used in day-
to-day application processing are specified in paragraph (c)(3) of this 
section. A filing group is one of the following types:
    (1) Renewal filing group. A renewal filing group comprises a timely-
filed application for renewal of an authorization and all timely-filed 
mutually exclusive competing applications.
    (2) Same-day filing group. A same-day filing group comprises all 
mutually exclusive applications whose filing date is the same day, which 
is normally the filing date of the first-filed applications(s).
    (3) Thirty-day notice and cut-off filing group. A 30-day notice and 
cut-off filing group comprises mutually exclusive applications whose 
filing date is no later than thirty (30) days after the date of the 
Public Notice listing the first-filed application(s) (according to the 
filing dates) as acceptable for filing.
    (4) Window filing group. A window filing group comprises mutually 
exclusive applications whose filing date is within an announced filing 
window. An announced filing window is a period of time between and 
including two specific dates, which are the first and last

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dates on which applications (or amendments) for a particular purpose may 
be accepted for filing. In the case of a one-day filing window, the two 
dates are the same. The dates are made known to the public in advance.
    (c) Procedures. Generally, the Commission may grant one application 
in a filing group of mutually exclusive applications and dismiss the 
other application(s) in the filing group that are excluded by the grant, 
pursuant to Sec. 90.162.
    (1) Selection methods. In selecting the application to grant, the 
Commission may use competitive bidding, random selection, or comparative 
hearings, depending on the type of applications involved.
    (2) Dismissal of applications. The Commission may dismiss any 
application in a filing group that is defective or otherwise subject to 
dismissal under Sec. 90.162, either before or after employing selection 
procedures.
    (3) Type of filing group used. Except as otherwise provided in this 
part, the type of filing group used in processing of two or more 
mutually exclusive applications depends on the purpose(s) of the 
applications.
    (i) If one of the mutually exclusive applications is a timely-filed 
application for renewal of an authorization, a renewal filing group is 
used.
    (ii) If any mutually exclusive application filed on the earliest 
filing date is an application for modification and none of the mutually 
exclusive applications is a timely-filed application for renewal, a 
same-day filing group is used.
    (iii) If all of the mutually exclusive applications filed on the 
earliest filing date are applications for initial authorization, a 30-
day notice and cut-off filing group is used.
    (4) Disposition. If there is only one application in any type of 
filing group, the Commission may grant that application and dismiss 
without prejudice any mutually exclusive applications not in the filing 
group. If there is more than one mutually exclusive application in a 
filing group, the Commission disposes of these applications as follows:
    (i) Applications in a renewal filing group. All mutually exclusive 
applications in a renewal filing group are designated for comparative 
consideration in a hearing.
    (ii) Applications in a 30-day notice and cut-off filing group.
    (A) If all of the mutually exclusive applications in a 30-day notice 
and cut-off filing group are applications for initial authorization, the 
Commission administers competitive bidding procedures in accordance with 
subpart Q of part 1 of this chapter. After such procedures, the 
application of the successful bidder may be granted and the other 
applications may be dismissed without prejudice.
    (B) If any of the mutually exclusive applications in a 30-day notice 
and cut-off filing group is an application for modification or an 
application for facilities, the Commission may attempt to resolve the 
mutual exclusivity by facilitating a settlement between the applicants. 
If a settlement is not reached within a reasonable time, the Commission 
may designate all applications in the filing group for comparative 
consideration in a hearing. In this event, the result of the hearing 
disposes all of the applications in the filing group.
    (iii) Applications in a same-day filing group. If there are two or 
more mutually exclusive applications in a same-day filing group, the 
Commission may attempt to resolve the mutual exclusivity by facilitating 
a settlement between the applicants. If a settlement is not reached 
within a reasonable time, the Commission may designate all applications 
in the filing group for comparative consideration in a hearing. In this 
event, the result of the hearing disposes all of the applications in the 
filing group.
    (iv) Applications in a window filing group. Applications in a window 
filing group are processed in accordance with the procedures for a 30-
day notice and cut-off filing group in paragraph (c)(4)(ii) of this 
section.
    (d) Terminology. For the purposes of this section, terms have the 
following meanings:
    (1) The ``filing date'' of an application is the date on which that 
application was received in a condition acceptable for filing or the 
date on which the most recently filed major amendment to that 
application was received,

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whichever is later, excluding major amendments in the following 
circumstances:
    (i) The major amendment reflects only a change in ownership or 
control found by the Commission to be in the public interest;
    (ii) The major amendment as received is defective or otherwise found 
unacceptable for filing; or
    (iii) The application being amended has been designated for hearing 
and the Commission or the presiding officer accepts the major amendment.
    (2) An ``application for initial authorization'' is:
    (i) Any application requesting an authorization for a new system or 
station;
    (ii) Any application requesting authorization for an existing 
station to operate on an additional channel, unless the additional 
channel is for paired two-way radiotelephone operation, is in the same 
frequency range as the existing channel(s), and will be operationally 
integrated with the existing channel(s) such as by trunking; or
    (iii) any application requesting authorization for a new transmitter 
at a location more than 2 kilometers (1.2 miles) from any existing 
transmitters of the applicant licensee on the requested channel or 
channel block.
    (3) An ``application for modification'' is any application other 
than an application for initial authorization or renewal.