§ 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   its application be withdrawn or dismissed.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 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.

   (b) Dismissal of mutually exclusive applications not granted. The
   Commission may dismiss mutually exclusive applications for which the
   applicant did not submit the winning bid in a competitive bidding
   process.

   (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 may be with prejudice in cases of
   non-compliance with § 1.945. 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;  82 FR 41545 ,
   Sept. 1, 2017]

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