§  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 § 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 § 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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