Sec. 90.166  Grants of applications.

    Applications for a commercial mobile radio service authorization 
under this part may be granted thirty (30) days after the issuance date 
of a Pubic Notice listing an application or the latest filed major 
amendment thereto as acceptable for filing.
    (a) Criteria for grants. The Commission grants applications without 
a hearing if, after examination of the application and consideration of 
any petitions or other pleadings and of such other matters as it may 
officially notice, the Commission finds that:
    (1) A grant will serve the public interest, convenience, and 
necessity;
    (2) There are no substantial and material questions of fact 
presented;
    (3) The applicant is eligible and qualified under applicable 
Commission regulations and policies;
    (4) The application is acceptable for filing, and complies with the 
Commission rules and other applicable requirements;
    (5) The application has not been designated for a hearing after 
being selected in a random selection process;
    (6) There are no applications entitled to comparative consideration 
with the application being granted; and
    (7) Operation of the proposed station would not cause interference 
to any authorized station(s).
    (b) Grant of petitioned applications. The Commission may grant, 
without a formal hearing, applications against which petitions to deny 
have been filed. If any petition(s) to deny are pending (i.e., have not 
been dismissed pursuant to Sec. 90.161 or withdrawn by the petitioner) 
when an application is granted, the Commission shall deny the 
petition(s) and issue a concise statement of the reason(s) for the 
denial, disposing of all substantive issues raised in the petitions.
    (c) Partial and conditional grants. The Commission may grant 
applications in part, and/or subject to conditions other than those 
normally applied to authorizations of the same type. When the Commission 
does this, it will inform the applicant of the reasons therefor. Such 
partial or conditional grants are final unless the Commission revises 
its action in response to a petition for reconsideration. Such petitions 
for reconsideration must be filed by the applicant within thirty days 
after the date of the letter or order stating the reasons for the 
partial or conditional grant, and must reject the partial or conditional 
grant and return the instrument of authorization.
    (d) Designation for hearing. The Commission may designate 
applications for a hearing, specifying with particularity the matters in 
issue, if, after consideration of the application, any petitions or 
other pleadings, and other matters which it may officially notice, the 
Commission is unable to make one or

[[Page 442]]

more of the findings listed in paragraph (a) of this section. The 
Commission may grant, deny, or take other action with respect to 
applications designated for a hearing.