Sec. 90.711  Processing of Phase II applications.

    (a) Phase II applications for authorizations on Channels 166 through 
170 and Channels 181 through 185 will be processed on a first-come, 
first-served basis. When multiple applications are filed on the same day 
for these frequencies in the same geographic area, and insufficient 
frequencies are available to grant all applications (i.e., if all 
applications were granted, violation of the station separation 
provisions of Sec. 90.723(i) would result), these applications will be 
considered mutually exclusive and will be subject to random selection 
procedures pursuant to Sec. 1.972 of this chapter.
    (1) All applications will first be considered to determine whether 
they are substantially complete and acceptable for filing. If so, they 
will be assigned a file number and put in pending status. If not, they 
will be dismissed.
    (2) Except as otherwise provided in this section, all applications 
in pending status will be processed in the order in which they are 
received, determined by the date on which the application was received 
by the Commission in its Gettysburg, Pennsylvania office (or the address 
set forth at Sec. 1.1102 of this chapter for applications requiring the 
fees established by part 1, subpart G of this chapter).
    (3) Each application that is accepted for filing will then be 
reviewed to determine whether it can be granted. Frequencies will be 
assigned by the Commission pursuant to the provisions of Sec. 90.723.
    (4) An application which is dismissed will lose its place in the 
processing line.
    (5) If an application is returned for correction and resubmitted and 
received by the Commission within 60 days from the date on which it was 
returned to the applicant, it will retain its place in the processing 
line. If it is not received within 60 days, it will lose its place in 
the processing line.
    (b) All applications for Channels 161 through 165 that comply with 
the applicable rules of this part shall be granted. Licensees operating 
on such channels shall cooperate in the selection and use of frequencies 
and resolve any instances of interference in accordance with the 
provisions of Sec. 90.173.
    (c) Phase II applications for authorization on all non-Government 
channels other than Channels 161 through 170 and 181 through 185 shall 
be processed in accordance with the provisions of subpart W of this 
part.
[ 62 FR 15993 , Apr. 3, 1997]