§ 25.112   Defective applications.

   (a) An application will be unacceptable for filing and will be returned to
   the  applicant  with  a  brief  statement identifying the omissions or
   discrepancies if:

   (1) The application is defective with respect to completeness of answers to
   questions, informational showings, internal inconsistencies, execution, or
   other matters of a formal character; or

   (2) The application does not substantially comply with the Commission's
   rules, regulations, specific requests for additional information, or other
   requirements.

   (3) The application requests authority to operate a space station in a
   frequency band that is not allocated internationally for such operations
   under the Radio Regulations of the International Telecommunication Union.

   (4) The application is identical to a pending application that was timely
   filed pursuant to § 25.157 or § 25.158.

   (b) Applications for space station authority found defective under paragraph
   (a)(3) of this section will not be considered. Applications for authority
   found defective under paragraphs (a)(1) or (a)(2) of this section may be
   accepted for filing if:

   (1) The application is accompanied by a request which sets forth the reasons
   in support of a waiver of (or an exception to), in whole or in part, any
   specific rule, regulation, or requirement with which the application is in
   conflict;

   (2) The Commission, upon its own motion, waives (or allows an exception to),
   in whole or in part, any rule, regulation or requirement.

   (c) If an applicant is requested by the Commission to file any additional
   information or any supplementary or explanatory information not specifically
   required in the prescribed application form or these rules, a failure to
   comply with the request within a specified time period will be deemed to
   render the application defective and will subject it to dismissal.

   [ 56 FR 24016 , May 28, 1991, as amended at  68 FR 51502 , Aug. 27, 2003;  79 FR 8314 , Feb. 12, 2014]

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