Goto Section: 1.933 | 1.935 | Table of Contents
Revised as of October 1, 2014
Goto Year:2013 |
§ 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its application be withdrawn or dismissed.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
(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
(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
(1) It is not allocated for assignment in the specific service
(2) It was previously assigned to another licensee on an exclusive
basis or cannot be assigned to the applicant without causing harmful
(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
(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]
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Goto Section: 1.933 | 1.935
Goto Year: 2013 |
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