FCC 73.3564 Revised as of December 4, 2012
Goto Year:2011 |
§ 73.3564 Acceptance of applications.
(a)(1) Applications tendered for filing are dated upon receipt and then
forwarded to the Media Bureau, where an administrative examination is
made to ascertain whether the applications are complete. Except for
applications for minor modifications of facilities in the non-reserved
FM band, as defined in § 73.3573(a)(2), long form applications subject
to the provisions of § 73.5005 found to be complete or substantially
complete are accepted for filing and are given file numbers. In the
case of minor defects as to completeness, a deficiency letter will be
issued and the applicant will be required to supply the missing or
corrective information. Applications that are not substantially
complete will not be considered and will be returned to the applicant.
(2) In the case of minor modifications of facilities in the
non-reserved FM band, applications will be placed on public notice if
they meet the following two-tiered minimum filing requirements as
initially filed in first-come/first-serve proceedings:
(i) The application must include:
(A) Applicant's name and address,
(B) Applicant's signature,
(C) Principal community,
(D) Channel or frequency,
(E) Class of station, and
(F) Transmitter site coordinates; and
(ii) The application must not omit more than three of the following
(A) A list of the other media interests of the applicant and its
(B) Certification of compliance with the alien ownership provisions
contained in 47 U.S.C. 310(b),
(C) Tower/antenna heights,
(D) Effective radiated power,
(E) Whether the antenna is directional or omnidirectional, and
(F) An exhibit demonstrating compliance with the contour protection
requirements of 47 CFR 73.215, if applicable.
(3) Applications found not to meet minimum filing requirements will be
returned to the applicant. Applications found to meet minimum filing
requirements, but that contain deficiencies in tender and/or acceptance
information, shall be given an opportunity for corrective amendment
pursuant to 73.3522 of this part. Applications found to be
substantially complete and in accordance with the Commission's core
legal and technical requirements will be accepted for filing.
Applications with uncorrected tender and/or acceptance defects
remaining after the opportunity for corrective amendment will be
dismissed with no further opportunity for amendment.
(b) Acceptance of an application for filing merely means that it has
been the subject of a preliminary review by the FCC's administrative
staff as to completeness. Such acceptance will not preclude the
subsequent dismissal of the application if it is found to be patently
not in accordance with the FCC's rules.
(c) At regular intervals, the FCC will issue a Public Notice listing
all long form applications which have been accepted for filing.
Pursuant to § § 73.3571(h), 73.3572, and 73.3573(f), such notice shall
establish a cut-off date for the filing of petitions to deny. With
respect to reserved band FM applications, the Public Notice shall also
establish a cut-off date for the filing of mutually exclusive
applications pursuant to § 73.3573(e). However, no application will be
accepted for filing unless certification of compliance with the local
notice requirements of § 73.3580(h) has been made in the tendered
(d) The FCC will specify by Public Notice, pursuant to § 73.5002, a
period for filing applications for new stations or for major
modifications in the facilities of an existing station. Except for
reserved band FM stations and TV stations on reserved noncommercial
educational channels, applications for new and major modifications in
facilities will be accepted only during these window filing periods
specified by the Commission.
(e) Applications for minor modification of facilities may be tendered
at any time, unless restricted by the FCC. These applications will be
processed on a “first come/first served” basis and will be treated as
simultaneously tendered if filed on the same day. Any applications
received after the filing of a lead application will be grouped
according to filing date, and placed in a queue behind the lead
applicant. The FCC will periodically release a Public Notice listing
those minor modification of facilities applications accepted for
(f) If a non-reserved band FM channel allotment becomes vacant, after
the grant of a construction permit becomes final, because of a lapsed
construction permit or for any other reason, the FCC will, by Public
Notice, announce a subsequent filing window for the acceptance of new
applications for such channels.
(g) Applications for operation in the 1605-1705 kHz band will be
accepted only if filed pursuant to the terms of § 73.30(b).
[ 63 FR 48624 , Sept. 11, 1998, as amended at 64 FR 56978 , Oct. 22, 1999;
67 FR 13233 , Mar. 21, 2002]
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