§ 73.3522   Amendment of applications.

   (a) Broadcast services subject to competitive bidding. (1) Applicants in all
   broadcast services subject to competitive bidding will be subject to the
   provisions of § § 73.5002 and 1.2105(b) regarding the modification of their
   short-form applications.

   (2) Subject to the provision of § 73.5005, if it is determined that a long
   form application submitted by a winning bidder or a non-mutually exclusive
   applicant for a new station or a major change in an existing station in all
   broadcast services subject to competitive bidding is substantially complete,
   but contains any defect, omission, or inconsistency, a deficiency letter
   will be issued affording the applicant an opportunity to correct the defect,
   omission  or  inconsistency.  Amendments  may be filed pursuant to the
   deficiency letter curing any defect, omission or inconsistency identified by
   the  Commission, or to make minor modifications to the application, or
   pursuant  to § 1.65. Such amendments should be filed in accordance with
   § 73.3513. If a petition to deny has been filed, the amendment shall be
   served on the petitioner.

   (3)  Subject  to  the  provisions  of  § § 73.3571, 73.3572 and 73.3573,
   deficiencies, omissions or inconsistencies in long-form applications may not
   be cured by major amendment. The filing of major amendments to long-form
   applications is not permitted. An application will be considered to be newly
   filed if it is amended by a major amendment.

   (4) Paragraph (a) of this section is not applicable to applications for
   minor modifications of facilities in the non-reserved FM broadcast service,
   nor to any application for a reserved band FM station.

   (b) Reserved Channel FM and reserved noncommercial educational television
   stations. Applications may be amended after Public Notice announcing a
   period for filing amendments. Amendments, when applicable, are subject to
   the provisions of § § 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and § 1.65
   of this chapter. Unauthorized or untimely amendments are subject to return
   by the FCC's staff without consideration. Amendments will be accepted as
   described below and otherwise will only be considered upon a showing of good
   cause for late filing or pursuant to § 1.65 of this chapter or § 73.3514:

   (1) A § 73.7002 Selectee. A Public Notice will announce that the application
   of a § 73.7002 Selectee (selected based on fair distribution) has been found
   acceptable  for  filing.  If  any Selectee's application is determined
   unacceptable the application will be returned and the Selectee will be
   provided one opportunity for curative amendment by filing a petition for
   reconsideration requesting reinstatement of the application. All amendments
   filed in accordance with this paragraph must be minor and must not alter the
   § 73.7002 preference.

   (2) A § 73.7003 Tentative Selectee. A Public Notice will announce that the
   application of a § 73.7003 Tentative Selectee (selected through a point
   system) has been found acceptable for filing. If any Tentative Selectee's
   application is determined unacceptable the application will be returned and
   the  Tentative  Selectee will be provided one opportunity for curative
   amendment by filing a petition for reconsideration requesting reinstatement
   of the application. All amendments filed in accordance with this paragraph
   must  be minor and must claim the same number of qualitative points as
   originally claimed, or more points than claimed by the applicant with the
   next highest point total.

   (3) A Public Notice will identify all other reserved channel applications,
   such  as  non-mutually  exclusive  applications and the sole remaining
   application after a settlement among mutually exclusive applications. If any
   such application is determined unacceptable the application will be returned
   and the applicant will be provided one opportunity for curative amendment by
   filing  a petition for reconsideration requesting reinstatement of the
   application. All amendments filed in accordance with this paragraph must be
   minor.

   (c) Minor modifications of facilities in the non-reserved FM broadcast
   service.

   (1) Subject to the provisions of § § 73.3525, 73.3573, and 73.3580, for a
   period of 30 days following the FCC's issuance of a Public Notice announcing
   the tender of an application for minor modification of a non-reserved band
   FM station, (other than Class D stations), minor amendments may be filed as
   a matter of right.

   (2) For applications received on or after August 7, 1992, an applicant whose
   application is found to meet minimum filing requirements, but nevertheless
   is not complete and acceptable, shall have the opportunity during the period
   specified in the FCC staff's deficiency letter to correct all deficiencies
   in  the tenderability and acceptability of the underlying application,
   including any deficiency not specifically identified by the staff. [For
   minimum filing requirements see § 73.3564(a). Examples of tender defects
   appear at  50 FR 19936  at 19945-46 (May 13, 1985), reprinted as Appendix D,
   Report and Order, MM Docket No. 91-347, 7 FCC Rcd 5074, 5083-88 (1992). For
   examples of acceptance defects, see  49 FR 47331 .] Prior to the end of the
   period specified in the deficiency letter, a submission seeking to correct a
   tender and/or acceptance defect in an application meeting minimum filing
   requirements will be treated as an amendment for good cause if it would
   successfully and directly correct the defect. Other amendments submitted
   prior to grant will be considered only upon a showing of good cause for late
   filing or pursuant to § 1.65 or § 73.3514.

   (3)  Unauthorized  or untimely amendments are subject to return by the
   Commission without consideration. However, an amendment to a non-reserved
   band application will not be accepted if the effect of such amendment is to
   alter the proposed facility's coverage area so as to produce a conflict with
   an applicant who files subsequent to the initial applicant but prior to the
   amendment application. Similarly, an applicant subject to “first come/first
   serve” processing will not be permitted to amend its application and retain
   filing priority if the result of such amendment is to alter the facility's
   coverage area so as to produce a conflict with an applicant which files
   subsequent to the initial applicant but prior to the amendment.

   Note 1 to § 73.3522: When two or more broadcast applications are tendered for
   filing which are mutually exclusive with each other but not in conflict with
   any previously filed applications which have been accepted for filing, the
   FCC, where appropriate, will announce acceptance of the earliest tendered
   application and place the later filed application or applications on a
   subsequent public notice of acceptance for filing in order to establish a
   deadline  for  the  filing  of amendments as a matter of right for all
   applicants in the group.

   [ 63 FR 48623 , Sept. 11, 1998, as amended at  65 FR 36378 , June 8, 2000]

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