§  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
   second-tier items:

   (A) A list of the other media interests of the applicant and its
   principals,

   (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
   application.

   (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
   filing.

   (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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