§  1.824   Random selection procedures for Multichannel Multipoint
Distribution Service and Multipoint Distribution Service H-Channel stations.

   (a) If there are mutually exclusive applications for an initial
   conditional license or license, the Commission may use the random
   selection process to select the conditional licensee or licensee. Each
   such random selection shall be conducted under the direction of the
   Office of the Managing Director in conjunction with the Office of the
   Secretary. Following the random selection, the Commission shall
   announce the tentative selectee and determine whether the applicant is
   qualified to receive the conditional license or license. If the
   Commission determines that the tentative selectee is qualified, it
   shall grant the application. In the event that the tentative selectee's
   application is denied, a second random selection will be conducted.
   Petitions for Reconsideration, Motions to Stay or Applications for
   Review may be submitted at the time the Commission grants or denies the
   application of the tentative selectee. The filing periods specified in
   the rules shall apply for such pleadings.

   (b) Competing applications for conditional licenses and licenses shall
   be designated for random selection in accordance with § § 1.1621, 1.1622
   (a), (b), (c), (d), and (e), and 1.1623. No preferences pursuant to
   § 1.1622 (b)(2) or (b)(3) shall be granted to any MMDS or MDS H-channel
   applicant whose owners, when aggregated, have an ownership interest of
   more than 50 percent in the media of mass communication whose service
   areas, as set forth at § 1.1622 (e)(1) through (e)(7), wholly encompass
   or are encompassed by the protected service area contour, computed in
   accordance with § 21.902(d) of this chapter, for which the license or
   conditional license is sought.

   (c) Petitions to Deny may be filed only against the tentative selectee.
   These petitions must be filed within 30 days of the Public Notice
   announcing such tentative selection. A consolidated reply may be filed
   within 15 days of the due date for Petitions to Deny.

   [ 50 FR 5992 , Feb. 13, 1985, as amended at  56 FR 57815 , Nov. 14, 1991]

Subpart F—Wireless Radio Services Applications and Proceedings

   Source:    28 FR 12454 , Nov. 22, 1963, unless otherwise noted.

Scope and Authority