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(k) of this part
   would result), these applications will be considered mutually exclusive.

   (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.

   (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, as amended at  63 FR 32590 , June 12, 1998;  63 FR 68971 , Dec. 14, 1998]