Goto Section: 1.933 | 1.935 | Table of Contents
FCC 1.934
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.934 Defective applications and dismissal.
(a) Dismissal of applications. The Commission may dismiss any application in
the Wireless Radio Services at the request of the applicant; if the
application is mutually exclusive with another application that is selected
or granted in accordance with the rules in this part; for failure to
prosecute or if the application is found to be defective; if the requested
spectrum is not available; or if the application is untimely filed. Such
dismissal may be “without prejudice,” meaning that the Commission may accept
from the applicant another application for the same purpose at a later time,
provided that the application is otherwise timely. Dismissal “with
prejudice” means that the Commission will not accept another application
from the applicant for the same purpose for a period of one year. Unless
otherwise provided in this part, a dismissed application will not be
returned to the applicant.
(1) Dismissal at request of applicant. Any applicant may request that its
application be withdrawn or dismissed. A request for the withdrawal of an
application after it has been listed on Public Notice as tentatively
accepted for filing is considered to be a request for dismissal of that
application without prejudice.
(i) If the applicant requests dismissal of its application with prejudice,
the Commission will dismiss that application with prejudice.
(ii) If the applicant requests dismissal of its application without
prejudice, the Commission will dismiss that application without prejudice,
unless:
(A) It has been designated for comparative hearing; or
(B) It is an application for which the applicant submitted the winning bid
in a competitive bidding process.
(2) If an applicant who is a winning bidder for a license in a competitive
bidding process requests dismissal of its short-form or long-form
application, the Commission will dismiss that application with prejudice.
The applicant will also be subject to default payments under Subpart Q of
this part.
(3) An applicant who requests dismissal of its application after that
application has been designated for comparative hearing may submit a written
petition requesting that the dismissal be without prejudice. Such petition
must demonstrate good cause and be served upon all parties of record. The
Commission may grant such petition and dismiss the application without
prejudice or deny the petition and dismiss the application with prejudice.
(b) Dismissal of mutually exclusive applications not granted. The Commission
may dismiss mutually exclusive applications:
(1) For which the applicant did not submit the winning bid in a competitive
bidding process; or
(2) That receive comparative consideration in a hearing but are not granted
by order of the presiding officer.
(c) Dismissal for failure to prosecute. The Commission may dismiss
applications for failure of the applicant to prosecute or for failure of the
applicant to respond substantially within a specified time period to
official correspondence or requests for additional information. Such
dismissal will generally be without prejudice if the failure to prosecute or
respond occurred prior to designation of the application for comparative
hearing, but may be with prejudice in cases of non-compliance with § 1.945 of
this part. Dismissal will generally be with prejudice if the failure to
prosecute or respond occurred after designation of the application for
comparative hearing. The Commission may dismiss applications with prejudice
for failure of the applicant to comply with requirements related to a
competitive bidding process.
(d) Dismissal as defective. The Commission may dismiss without prejudice an
application that it finds to be defective. An application is defective if:
(1) It is unsigned or incomplete with respect to required answers to
questions, informational showings, or other matters of a formal character;
(2) It requests an authorization that would not comply with one or more of
the Commission's rules and does not contain a request for waiver of these
rule(s), or in the event the Commission denies such a waiver request, does
not contain an alternative proposal that fully complies with the rules;
(3) The appropriate filing fee has not been paid; or
(4) The FCC Registration Number (FRN) has not been provided.
(5) It requests a vanity call sign and the applicant has pending another
vanity call sign application with the same receipt date.
(e) Dismissal because spectrum not available. The Commission may dismiss
applications that request spectrum which is unavailable because:
(1) It is not allocated for assignment in the specific service requested;
(2) It was previously assigned to another licensee on an exclusive basis or
cannot be assigned to the applicant without causing harmful interference; or
(3) Reasonable efforts have been made to coordinate the proposed facility
with foreign administrations under applicable international agreements, and
an unfavorable response (harmful interference anticipated) has been
received.
(f) Dismissal as untimely. The Commission may dismiss without prejudice
applications that are premature or late filed, including applications filed
prior to the opening date or after the closing date of a filing window, or
after the cut-off date for a mutually exclusive application filing group.
(g) Dismissal for failure to pursue environmental review. The Commission may
dismiss license applications (FCC Form 601) associated with proposed antenna
structure(s) subject to § 17.4(c) of this chapter, if pending more than 60
days and awaiting submission of an Environmental Assessment or other
environmental information from the applicant, unless the applicant has
provided an affirmative statement reflecting active pursuit during the
previous 60 days of environmental review for the proposed antenna
structure(s). To avoid potential dismissal of its license application, the
license applicant must provide updates every 60 days unless or until the
applicant has submitted the material requested by the Bureau.
[ 63 FR 68930 , Dec. 14, 1998, as amended at 66 FR 47895 , Sept. 14, 2001; 71 FR 66461 , Nov. 15, 2006; 77 FR 3952 , Jan. 26, 2012]
return arrow Back to Top
Goto Section: 1.933 | 1.935
Goto Year: 2014 |
2016
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public