Goto Section: 73.3589 | 73.3592 | Table of Contents
Revised as of October 1, 2020
Goto Year:2019 |
§ 73.3591 Grants without hearing.
(a) Except for renewal applications filed after May 1, 1995 which will
be subject to paragraph (d) of this section, in the case of any
application for an instrument of authorization, other than a license
pursuant to a construction permit, the FCC will make the grant if it
finds (on the basis of the application, the pleadings filed or other
matters which it may officially notice) that the application presents
no substantial and material question of fact and meets the following
(1) There is not pending a mutually exclusive application filed in
accordance with paragraph (b) of this section;
(2) The applicant is legally, technically, financially, and otherwise
(3) The applicant is not in violation of provisions of law, the FCC
rules, or established policies of the FCC; and
(4) A grant of the application would otherwise serve the public
interest, convenience and necessity.
(b) In making its determinations pursuant to the provisions of
paragraph (a) of this section, the FCC will not consider any other
application, or any application if amended so as to require a new file
number, as being mutually exclusive or in conflict with the application
under consideration unless such other application was substantially
complete, and tendered for filing by:
(1) The close of business on the day preceding the day designated by
Public Notice as the day the listed application is to be available and
ready for processing;
(2) The date prescribed in § 73.3516(e) in the case of applications
which are mutually exclusive with applications for renewal of license
of broadcast stations; or
(3) The close of business on the day designated by the FCC pursuant to
§ 73.3564(d) as the date(s) for filing low power TV or TV translator
(c) If a petition to deny the application has been filed in accordance
with § 73.3584 and the FCC makes the grant in accordance with paragraph
(a) of this section, the FCC will deny the petition and issue a concise
statement setting forth the reasons for denial and disposing of all
substantial issues raised by the petition.
(d) Renewal applications filed after May 1, 1995 will be governed by
the criteria established in 47 U.S.C. § 309(k).
[ 44 FR 38507 , July 2, 1979, as amended at 50 FR 47844 , Dec. 7, 1984; 59 FR 31557 , June 20, 1994; 61 FR 18291 , Apr. 25, 1996]
Goto Section: 73.3589 | 73.3592
Goto Year: 2019 |
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