Goto Section: 101.45 | 101.55 | Table of Contents
Revised as of December 4, 2012
Goto Year:2011 |
§ 101.51 Comparative evaluation of mutually exclusive applications.
(a) In order to expedite action on mutually exclusive applications in
services under this rules part where neither competitive bidding nor
the random selection processes apply, the applicants may request the
Commission to consider their applications without a formal hearing in
accordance with the summary procedure outlined in paragraph (b) in this
(1) The applications are entitled to comparative consideration pursuant
to § 101.45;
(2) The applications have not been designated for formal evidentiary
(3) The Commission determines, initially or at any time during the
procedure outline in paragraph (b) of this section, that such procedure
is appropriate, and that, from the information submitted and
consideration of such other matters as may be officially noticed, there
are no substantial and material questions of fact, presented (Other
than those relating to the comparative merits of the applications)
which would preclude a grant under § 1.915 of this chapter.
(b) Provided that the conditions of paragraph (a) of this section are
satisfied, applicants may request the Commission to act upon their
mutually exclusive applications without a formal hearing pursuant to
the summary procedure outlined below:
(1) To initiate the procedure, each applicant will submit to the
Commission a written statement containing:
(i) A waiver of the applicant's right to a formal hearing;
(ii) A request and agreement that, in order to avoid the delay and
expense of a comparative formal hearing, the Commission should exercise
its judgment to select from among the mutually exclusive applications
that proposal (or proposals) which would best serve the public
(iii) The signature of a principal (and the principal's attorney if
(2) After receipt of the written requests of all of the applicants the
Commission (if it deems this procedure appropriate) will issue a notice
designating the comparative criteria upon which the applications are to
be evaluated and will request each applicant to submit, within a
specified period of time, additional information concerning the
applicant's proposal relative to the comparative criteria.
(3) Within thirty (30) days following the due date for filing this
information, the Commission will accept concise and factual argument on
the competing proposals from the rival applicants, potential customers,
and other knowledgeable parties in interest.
(4) Within fifteen (15) days following the due date for the filing of
comments, the Commission will accept concise and factual replies from
the rival applicants.
(5) From time to time during the course of this procedure the
Commission may request additional information from the applicants and
hold informal conferences at which all competing applicants will have
the right to be represented.
(6) Upon evaluation of the applications, the information submitted, and
such other matters as may be officially noticed the Commission will
issue a decision granting one (or more) of the proposals which it
concludes would best serve the public interest, convenience and
necessity. The decision will report briefly and concisely the reasons
for the Commission's selection and will deny the other application(s).
This decision will be considered final.
[ 61 FR 26677 , May 28, 1996, as amended at 63 FR 6104 , Feb. 6, 1998; 63 FR 68982 , Dec. 14, 1998]
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Goto Section: 101.45 | 101.55
Goto Year: 2011 |
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