§ 73.3591   Grants without hearing.

   (a) Except for renewal applications filed after May 1, 1995 which will be
   subject to paragraph (d) of this section, in the case of any application for
   an  instrument  of  authorization,  other than a license pursuant to a
   construction permit, the FCC will make the grant if it finds (on the basis
   of  the application, the pleadings filed or other matters which it may
   officially notice) that the application presents no substantial and material
   question of fact and meets the following requirements:

   (1)  There  is  not  pending a mutually exclusive application filed in
   accordance with paragraph (b) of this section;

   (2)  The applicant is legally, technically, financially, and otherwise
   qualified;

   (3) The applicant is not in violation of provisions of law, the FCC rules,
   or established policies of the FCC; and

   (4) A grant of the application would otherwise serve the public interest,
   convenience and necessity.

   (b) In making its determinations pursuant to the provisions of paragraph (a)
   of this section, the FCC will not consider any other application, or any
   application if amended so as to require a new file number, as being mutually
   exclusive or in conflict with the application under consideration unless
   such other application was substantially complete, and tendered for filing
   by:

   (1) The close of business on the day preceding the day designated by Public
   Notice as the day the listed application is to be available and ready for
   processing;

   (2) The date prescribed in § 73.3516(e) in the case of applications which are
   mutually exclusive with applications for renewal of license of broadcast
   stations; or

   (3) The close of business on the day designated by the FCC pursuant to
   § 73.3564(d)  as  the  date(s) for filing low power TV or TV translator
   applications.

   (c) If a petition to deny the application has been filed in accordance with
   § 73.3584 and the FCC makes the grant in accordance with paragraph (a) of
   this section, the FCC will deny the petition and issue a concise statement
   setting forth the reasons for denial and disposing of all substantial issues
   raised by the petition.

   (d) Renewal applications filed after May 1, 1995 will be governed by the
   criteria established in 47 U.S.C. § 309(k).

   [ 44 FR 38507 , July 2, 1979, as amended at  50 FR 47844 , Dec. 7, 1984;  59 FR 31557 , June 20, 1994;  61 FR 18291 , Apr. 25, 1996]

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