§  90.711   Processing of Phase II applications.

   (a) Phase II applications for authorizations on Channels 166 through
   170 and Channels 181 through 185 will be processed on a first-come,
   first-served basis. When multiple applications are filed on the same
   day for these frequencies in the same geographic area, and insufficient
   frequencies are available to grant all applications (i.e., if all
   applications were granted, violation of the station separation
   provisions of §  90.723(k) of this part would result), these
   applications will be considered mutually exclusive.

   (1) All applications will first be considered to determine whether they
   are substantially complete and acceptable for filing. If so, they will
   be assigned a file number and put in pending status. If not, they will
   be dismissed.

   (2) Except as otherwise provided in this section, all applications in
   pending status will be processed in the order in which they are
   received, determined by the date on which the application was received
   by the Commission in its Gettysburg, Pennsylvania office (or the
   address set forth at §  1.1102 of this chapter for applications
   requiring the fees established by part 1, subpart G of this chapter).

   (3) Each application that is accepted for filing will then be reviewed
   to determine whether it can be granted. Frequencies will be assigned by
   the Commission pursuant to the provisions of §  90.723.

   (4) An application which is dismissed will lose its place in the
   processing line.

   (b) All applications for Channels 161 through 165 that comply with the
   applicable rules of this part shall be granted. Licensees operating on
   such channels shall cooperate in the selection and use of frequencies
   and resolve any instances of interference in accordance with the
   provisions of §  90.173.

   (c) Phase II applications for authorization on all non-Government
   channels other than Channels 161 through 170 and 181 through 185 shall
   be processed in accordance with the provisions of subpart W of this
   part.

   [ 62 FR 15993 , Apr. 3, 1997, as amended at  63 FR 32590 , June 12, 1998;
    63 FR 68971 , Dec. 14, 1998]

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