Goto Section: 1.939 | 1.946 | Table of Contents
Revised as of May 18, 2020
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§ 1.945 License grants.
(a) License grants—auctionable license applications. Procedures for
grant of licenses that are subject to competitive bidding under section
309(j) of the Communications Act are set forth in § § 1.2108 and 1.2109
of this part.
(b) License grants—non-auctionable license applications. No application
that is not subject to competitive bidding under § 309(j) of the
Communications Act will be granted by the Commission prior to the 31st
day following the issuance of a Public Notice of the acceptance for
filing of such application or of any substantial amendment thereof,
unless the application is not subject to § 309(b) of the Communications
(c) Grant without hearing. In the case of both auctionable license
applications and non-mutually exclusive non-auctionable license
applications, the Commission will grant the application without a
hearing if it is proper upon its face and if the Commission finds from
an examination of such application and supporting data, any pleading
filed, or other matters which it may officially notice, that:
(1) There are no substantial and material questions of fact;
(2) The applicant is legally, technically, financially, and otherwise
(3) A grant of the application would not involve modification,
revocation, or non-renewal of any other existing license;
(4) A grant of the application would not preclude the grant of any
mutually exclusive application; and
(5) A grant of the application would serve the public interest,
convenience, and necessity.
(d) Grant of petitioned applications. The FCC may grant, without a
formal hearing, an application against which petition(s) to deny have
been filed. If any petition(s) to deny are pending (i.e., have not been
dismissed or withdrawn by the petitioner) when an application is
granted, the FCC will deny the petition(s) and issue a concise
statement of the reason(s) for the denial, disposing of all substantive
issues raised in the petitions.
(e) Partial and conditional grants. The FCC may grant applications in
part, and/or subject to conditions other than those normally applied to
authorizations of the same type. When the FCC does this, it will inform
the applicant of the reasons therefor. Such partial or conditional
grants are final unless the FCC revises its action in response to a
petition for reconsideration. Such petitions for reconsideration must
be filed by the applicant within thirty days after the date of the
letter or order stating the reasons for the partial or conditional
grant, and must reject the partial or conditional grant and return the
instrument of authorization.
(f) Designation for hearing. If the Commission is unable to make the
findings prescribed in subparagraph (c), it will formally designate the
application for hearing on the grounds or reasons then obtaining and
will notify the applicant and all other known parties in interest of
(1) Orders designating applications for hearing will specify with
particularity the matters in issue.
(2) Parties in interest, if any, who are not notified by the Commission
of its action in designating a particular application for hearing may
acquire the status of a party to the proceeding by filing a petition
for intervention showing the basis of their interest not more than 30
days after publication in the Federal Register of the hearing issues or
any substantial amendment thereto.
(3) The applicant and all other parties in interest shall be permitted
to participate in any hearing subsequently held upon such applications.
Hearings may be conducted by the Commission or by the Chief of the
Wireless Telecommunications Bureau, or, in the case of a question which
requires oral testimony for its resolution, an Administrative Law
Judge. The burden of proceeding with the introduction of evidence and
burden of proof shall be upon the applicant, except that with respect
to any issue presented by a petition to deny or a petition to enlarge
the issues, such burdens shall be as determined by the Commission or
the Chief of the Wireless Telecommunications Bureau.
[ 63 FR 68932 , Dec. 14, 1998]
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Goto Section: 1.939 | 1.946
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