Sec.  101.51   Comparative evaluation of mutually exclusive applications.

   (a) In order to expedite action on mutually exclusive applications in
   services under this rules part where neither competitive bidding nor the
   random selection processes apply, the applicants may request the Commission
   to consider their applications without a formal hearing in accordance with
   the summary procedure outlined in paragraph (b) in this section if:

   (1) The applications are entitled to comparative consideration pursuant to
    Sec. 101.45;

   (2) The applications have not been designated for formal evidentiary
   hearing; and

   (3) The Commission determines, initially or at any time during the procedure
   outline in paragraph (b) of this section, that such procedure is
   appropriate, and that, from the information submitted and consideration of
   such other matters as may be officially noticed, there are no substantial
   and material questions of fact, presented (Other than those relating to the
   comparative merits of the applications) which would preclude a grant under
    Sec. 1.915 of this chapter.

   (b) Provided that the conditions of paragraph (a) of this section are
   satisfied, applicants may request the Commission to act upon their mutually
   exclusive applications without a formal hearing pursuant to the summary
   procedure outlined below:

   (1) To initiate the procedure, each applicant will submit to the Commission
   a written statement containing:

   (i) A waiver of the applicant's right to a formal hearing;

   (ii) A request and agreement that, in order to avoid the delay and expense
   of a comparative formal hearing, the Commission should exercise its judgment
   to select from among the mutually exclusive applications that proposal (or
   proposals) which would best serve the public interest; and

   (iii) The signature of a principal (and the principal's attorney if
   represented).

   (2) After receipt of the written requests of all of the applicants the
   Commission (if it deems this procedure appropriate) will issue a notice
   designating the comparative criteria upon which the applications are to be
   evaluated and will request each applicant to submit, within a specified
   period of time, additional information concerning the applicant's proposal
   relative to the comparative criteria.

   (3) Within thirty (30) days following the due date for filing this
   information, the Commission will accept concise and factual argument on the
   competing proposals from the rival applicants, potential customers, and
   other knowledgeable parties in interest.

   (4) Within fifteen (15) days following the due date for the filing of
   comments, the Commission will accept concise and factual replies from the
   rival applicants.

   (5) From time to time during the course of this procedure the Commission may
   request additional information from the applicants and hold informal
   conferences at which all competing applicants will have the right to be
   represented.

   (6) Upon evaluation of the applications, the information submitted, and such
   other matters as may be officially noticed the Commission will issue a
   decision granting one (or more) of the proposals which it concludes would
   best serve the public interest, convenience and necessity. The decision will
   report briefly and concisely the reasons for the Commission's selection and
   will deny the other application(s). This decision will be considered final.

   [ 61 FR 26677 , May 28, 1996, as amended at  63 FR 6104 , Feb. 6, 1998;  63 FR 68982 , Dec. 14, 1998]

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