[Federal Register Volume 64, Number 76 (Wednesday, April 21, 1999)]
[Rules and Regulations]
[Pages 19498-19503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9951]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 74
[MM Docket No. 98-93; FCC 99-55]
1998 Biennial Regulatory Review--Streamlining of Radio Technical
Rules
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this Report and Order, the Commission modifies its rules to
extend first come/first served processing to applications for minor
changes to AM, reserved frequency noncommercial educational FM (``NCE
FM'') and FM translator facilities. The Commission also expands the
definition of ``minor change'' in these services to conform more
closely to the commercial FM definition, which includes all changes
except changes in community of license and certain changes in frequency
and/or class. Finally, we amend the contingent application rule to
permit the filing of up to four related and simultaneously-filed minor
change FM station construction permit applications. These modifications
were proposed as part of a broad-based initiative, undertaken in
conjunction with the Commission's 1998 biennial regulatory review, to
streamline Mass Media Bureau radio technical rules.
EFFECTIVE DATE: May 21, 1999.
FOR FURTHER INFORMATION CONTACT: Peter H. Doyle, Audio Services
Division, Mass Media Bureau (202) 418-2700 or William J. Scher, Audio
Services Division, Mass Media Bureau, (202) 418-2700.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First
Report and Order in MM Docket 98-93, adopted March 23, 1999, and
released March 30, 1999. The complete text of this Report and Order is
available for
[[Page 19499]]
inspection and copying during normal business hours in the FCC
Reference Center, and may also be purchased from the Commission's copy
contractor, International Transcription Service (ITS), (202) 857-3800
(phone), (202) 857-3805 (facsimile), 1231 20th Street, N.W.,
Washington, D.C. 20036.
Synopsis of Report and Order
I. Introduction
1. With this Report and Order, we extend first come/first served
processing to AM, NCE FM and FM translator minor change applications.
Furthermore, we expand the definition of ``minor change'' for these
services to conform more closely to the commercial FM definition. Under
these modified rules, non-expanded band AM, NCE FM and FM translator
licensees and permittees may propose frequency changes to adjacent
channels, and, in addition, FM translators may propose such changes to
intermediate frequencies (``IF''), by filing minor change applications.
Proposed changes in power, antenna height and/or antenna location for
stations in these services also are classified as minor changes,
provided that NCE FM and FM translator stations proposing antenna
location changes would continue to provide 1 mV/m service to some
portion of their authorized 1 mV/m service areas. In addition, AM
stations may propose changes in authorized hours of operation by filing
minor change applications. Proposed AM and NCE FM facility changes that
would result in station class changes are classified as minor changes
provided that they meet the standards. Amendments to applications also
will be classified as minor in accordance with these standards. The
measures that we are adopting make the commercial FM application
process simpler, faster and more efficient, without undermining the
administration of any Commission rule or policy. We anticipate that
they will prove to be similarly beneficial in the AM, NCE FM and FM
translator services, thereby encouraging potential applicants to file
for improved facilities and speeding the introduction of improved
services to the public.
II. Discussion
A. Extending First Come/First Served Processing to AM, NCE FM and FM
Translator Minor Change Applications; Revising the Definition of
``Minor'' Change in These Services
Continuity of Service Requirement
2. We believe it is necessary to impose a continuity of service
requirement on both NCE FM and FM translator stations proposing
facility modifications. Unlike commercial AM and FM stations, our rules
have not required NCE FM and FM translator stations to provide any
level of service to their communities of license. Our approach here
provides NCE FM and FM translator stations with maximum flexibility in
proposing facility changes, while preventing such stations from
completely abandoning their present service areas. We note that our
proposal in the 1998 Biennial Regulatory Review--Streamlining of Radio
Technical Rules in Parts 73 and 74 of the Commission's Rules, Notice of
Proposed Rule Making (``Notice'') to require NCE FM stations to
maintain 1 mV/m contours over at least a portion of their communities
of license would impose an additional restriction on NCE FM station
antenna location changes. As an interim measure until the Commission
acts on that proposal, we shall process proposed NCE FM antenna
location changes as minor changes only if the proposed changes do not
diminish the stations' present 1 mV/m service to their communities of
license.
AM and NCE FM Community of License Changes
3. We decline to adopt the suggestion of several commenters that we
treat community of license changes in the AM and NCE FM services as
minor changes. Unlike the proposed technical facility changes that we
are reclassifying as minor changes, proposed AM or NCE FM community of
license changes are not fundamentally technical in nature; rather, they
raise important statutory and policy issues under Section 307(b) of the
Communications Act, issues that require substantive legal analysis.
``Warehousing'' Concerns
4. With regard to the spectrum ``warehousing'' concerns expressed
by some commenters, we are not persuaded that additional safeguards are
necessary. Mechanisms for preventing abuse will continue to exist under
the new rules, in the form of careful staff review of applications, the
opportunity to file informal objections and seek reconsideration and
review of staff actions, and strict time limits on authorized
construction periods. In addition, the enhancements that an applicant
may request are necessarily limited by the operation of stations on
adjacent and co-channel frequencies in neighboring communities and the
applicant's city grade coverage requirements.
B. Agreements Involving Applications for Coordinated FM Station Changes
5. Section 73.3517 of the Commission's rules prohibits the filing
of contingent new station and modification applications in the
broadcast services. The Commission first announced this policy in a
1961 Public Notice and subsequently codified the restriction. It was
adopted to bring greater administrative orderliness to the broadcast
licensing process. The Commission found that it was frequently holding
applications in pending status that were contingent on the grant of
other applications involved in lengthy hearings. An application is
``contingent'' when it cannot be granted unless and until a second
application, also pending before the Commission, is granted. In the FM
service, Section 73.208 requires an applicant to protect all
outstanding construction permits and licenses. Thus, when an FM
application is contingent on the effectuation of a second station's
facility modification application, in most instances the first station
must wait for the grant of the second station's covering license
application before filing a construction permit application. This rule
effectively requires stations to undertake ``coordinated'' facility
improvements through a series of application and construction cycles, a
risky, lengthy and sometimes infeasible procedure, particularly where a
station downgrade or facility relocation is required to permit expanded
service by a second station.
6. Based on the record developed in this proceeding, we adopt rule
changes to permit applicants to file up to four related,
simultaneously-filed and cross-referenced minor change FM station
construction permit applications. We believe that it is prudent to
limit the scope of these new procedures, both to limit the potential
for significant service losses and/or disruptions and to ensure that
there is sufficient staff to complete review of interrelated proposals
expeditiously. Thus, we exclude major change applications. Proposals
may include one-step upgrade and downgrade applications. Applicants
will be required to submit a copy of the agreement to undertake the
coordinated facility changes with each application. Applications will
be processed together and, if grantable, will be granted
simultaneously. Granted applications will contain conditions, as
necessary, to prevent interference during the construction period
leading to full implementation of all related facility modifications.
If one or more applications is unacceptable, all related
[[Page 19500]]
applications will be dismissed. Thus, the staff will dismiss an
otherwise grantable non-contingent ``lead'' application if a related
contingent application is found to be unacceptable.
7. We believe a strict dismissal policy is warranted. The plain
quid pro quo for creating this greater technical flexibility for
broadcasters is that applicants bear sole responsibility for developing
proposals that fully comply with the Commission's rules. However, we
wish to correct a commenter's erroneous assumption that applicants
would be prohibited from filing curative amendments. Our current
commercial and NCE FM amendment procedures will apply to contingent
applications. The one processing policy change is that the staff will
dismiss all related applications if one application remains
unacceptable after the opportunity for filing curative amendments has
closed.
8. Finally, with regard to contingent NCE FM applications, we
permit proposals that include station cancellations except those that
would create gray or white areas, i.e., areas that receive service from
one or no NCE FM stations, respectively. Although we decline to
establish other full-time NCE FM service floor guidelines, any proposal
to cancel a community's sole NCE FM station license, i.e., its sole
transmission service, will be treated as prima facie inconsistent with
the public interest and must include a public interest justification.
We will consider a commenter's proposal to permit alternative signal
propagation methodologies to measure NCE FM service levels in a
subsequent order in this proceeding in connection with our evaluation
of the supplemental point-to-point (``PTP'') signal propagation model.
C. Procedural Matters
9. In order to ensure a smooth transition to the new procedures, we
wish to clarify our procedures for processing applications filed prior
to the effective date that are subject to this Order. First, with
regard to applications originally filed as minor changes, as of the
effective date they will be accorded cut-off protection based on their
actual filing dates, provided that they are not mutually exclusive with
any other applications filed prior to the effective date. Mutually
exclusive applications will be handled under our existing procedures.
Second, with regard to major change applications subject to
reclassification as minor changes, as of the effective date such
applications will be reclassified automatically as minor changes,
provided that: (1) They are not mutually exclusive with any other
applications filed prior to the effective date; and (2) no petition to
deny was filed against them in accordance with the requirements of
Section 309(d) of the Communications Act prior to the effective date.
Applications that fail to satisfy these two conditions will be handled
under our existing application processing procedures. AM and FM
translator applicants with major change applications on file that seek
waiver of the Commission's interim policy concerning processing of such
applications may request dismissal of their applications and resubmit
minor change applications as of the effective date of the Order.
Finally, applications pending as of the adoption date of the Order and
seeking waivers of section 73.3517 will be considered on a case-by-case
basis. Contingent applications filed between the adoption and effective
dates of the Order shall be returned.
III. Administrative Matters
10. The complete text of this Report and Order is available for
inspection and copying during normal business hours in the FCC
Reference Center, and may also be purchased from the Commission's copy
contractor, International Transcription Service (ITS), (202) 857-3800
(phone), (202) 857-3805 (facsimile), 1231 20th Street, N.W.,
Washington, D.C. 20036.
11. Paperwork Reduction Act of 1995 Analysis. The action contained
herein has been analyzed with respect to the Paperwork Reduction Act of
1995 and found to impose new or modified reporting and recordkeeping
requirements or burdens on the public. Implementation of these new or
modified reporting and recordkeeping requirements will be subject to
approval by the Office of Management and Budget as prescribed by the
Act. The new or modified paperwork requirements contained in this
Report and Order (which are subject to approval by the Office of
Management and Budget) will go into effect upon OMB approval.
Final Regulatory Flexibility Analysis (FRFA)
12. As required by the Regulatory Flexibility Act (``RFA''), 5
U.S.C 603, an Initial Regulatory Flexibility Analysis (``IRFA'') was
incorporated in the Notice of Proposed Rulemaking for the docket in
this proceeding. The Commission sought written public comments on the
proposals set forth in the Notice, including comment on the IRFA. The
Commission's Final Regulatory Flexibility Analysis (``FRFA'') in this
Report and Order conforms to the RFA.
Need For and Objectives of Action
13. Specifically, this Order (1) amends the Commission's rules to
extend first come/first served processing to applications for minor
changes to existing AM, NCE FM, and FM translator facilities; (2)
expands the definition of minor change in these services to conform
more closely to the commercial FM definition of ``minor change;'' and
(3) amends the contingent application rule to permit the filing of up
to four related and simultaneously-filed FM station construction permit
applications. By this Order, the Commission eliminates the present
inconsistent treatment of certain proposed facilities changes for AM,
NCE FM and FM translator services, and provides greater flexibility for
permittees and licensees to propose service improvements.
Significant Issues Raised by Public Comments in Response to the IRFAs
14. No comments were received specifically in response to the IRFA
in MM Docket No. 98-93. However, four commenters expressed concern
about an issue that may affect, but is not limited to, small business
issues. These commenters were concerned that the new procedures could
facilitate abuses by applicants resulting in the warehousing of
spectrum.
Description and Estimate of the Number of Small Entities to Which Rules
Will Apply
15. Under the RFA, small entities may include small organizations,
small businesses, and small governmental jurisdictions. 5 U.S.C.
601(6). The RFA, 5 U.S.C. 601(3), generally defines the term ``small
business'' as having the same meaning as the term ``small business
concern'' under the Small Business Act, 15 U.S.C. 632. A small business
concern is one which: (1) is independently owned and operated; (2) is
not dominant in its field of operation; and (3) satisfies any
additional criteria established by the Small Business Administration
(``SBA''). Pursuant to 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency after consultation with the
Office of Advocacy of the SBA and after opportunity for public comment,
establishes one or more definitions of such term that are appropriate
to the activities of the agency and publishes such definition(s) in the
Federal Register. We received no comment in response to either IRFA on
how to define radio and television broadcast ``small businesses.''
Therefore, we will
[[Page 19501]]
continue to utilize SBA's definitions for the purpose of this FRFA.
16. The SBA defines a radio broadcasting station that has no more
than $5 million in annual receipts as a small business. A radio
broadcasting station is an establishment primarily engaged in
broadcasting aural programs by radio to the public. Included in this
industry are commercial religious, educational, and other radio
stations. Radio broadcasting stations that primarily are engaged in
radio broadcasting and that produce radio program materials are
similarly included. As of November 30, 1998, Commission records
indicate that 12,458 radio stations were operating, of which 11,960
were small businesses. The rules adopted herein are limited to AM, NCE
FM and FM translator facilities. Thus, the measures adopted here will
affect 9957 such entities, 9559 of which are considered small
businesses.
Description of Projected Reporting, Recordkeeping and Other Compliance
Requirements
17. The measures adopted in the Order are anticipated to reduce the
overall administrative burden of the Commission's application processes
on applicants and the Commission. Extending first come/first served
processing to AM, NCE FM and FM translator minor change applications
will eliminate the uncertainty, delay and expense associated with the
indefinite exposure to competing applications that occurs under the
current processing system. Expansion of the minor change definition in
these services to conform more closely to the commercial FM definition
will eliminate unnecessarily burdensome administrative procedures, as
well as minimizing the resources expended by applicants and the
Commission in resolving conflicts between minor change applications.
Permitting applications for coordinated FM station changes will
eliminate the need to undertake coordinated improvements through a
series of application and construction cycles, a risky, lengthy and
sometimes infeasible procedure. No additional professional services are
required by applicants filing minor change applications under these
revised processing rules. Further, the cost of compliance will not vary
between large and small entities.
Steps Taken to Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
18. This Order sets forth the Commission's new streamlined
application processing changes that are intended to eliminate
unnecessary administrative burdens and shorten processing time frames
for certain applications. All significant alternatives presented in the
comments were considered. As noted in the Order, we extend the
application of first come/first served processing to AM, NCE FM, and FM
translator stations. These processing changes will remedy the
uncertainty and delay previously associated with AM, NCE FM and FM
translator minor change applications. We also expand the definition of
minor change for these services to conform more closely to the
commercial FM ``minor change'' definition. This change will eliminate
the inconsistent treatment of proposed facility increases for different
radio services without undermining the administration of any Commission
rule or policy. Finally, this Order adopts rule changes to permit
applicants to file up to four related, simultaneously-filed and cross-
referenced minor change construction permit applications. This change
will encourage licensees and permittees to propose service improvements
by making the process more efficient.
Report to Congress
19. The Commission will send a copy of the 1998 Biennial Regulatory
Review--Streamlining of Radio Technical Rules in Parts 73 and 74 of the
Commission's Rules, including this FRFA, in a report to be sent to
Congress pursuant to the Small Business Regulatory Enforcement Fairness
Act of 1996. See 5 U.S.C. 801(a)(1)(A). In addition, the Commission
will send a copy of this Order, including this FRFA, to the Chief
Counsel for Advocacy of the Small Business Administration. A copy of
the Order, including this FRFA, (or summaries thereof) will also be
published in the Federal Register. See 5 U.S.C. 604(b). In addition,
the Commission's Office of Public Affairs, Reference Operations
Division, shall send a copy of this Order, including FRFA, to the Chief
Counsel for Advocacy of the Small Business Administration.
20. Authority for issuance of the Report and Order is contained in
sections 4, 301, 303, 307, 308 and 309 of the Communications Act of
1934, as amended, 47 U.S.C 154, 301, 303, 307, 308 and 309. Sections
73.3517, 73.3571, 73.3573 and 74.1233.
21. It is ordered that the proceeding in MM Docket 98-93 is
terminated.
List of Subjects in 47 CFR Parts 73 and 74
Auxiliary broadcasting, Radio broadcasting.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
Parts 73 and 74 of Chapter 1 of Title 47 of the Code of Federal
Regulations are amended as follows:
PART 73--RADIO BROADCAST SERVICES
1. The authority citation for Part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334 and 336.
2. Section 73.3517 is amended by adding paragraph (e) to read as
follows:
Sec. 73.3517 Contingent applications.
* * * * *
(e) The Commission will accept up to four contingently related
applications filed by FM licensees and/or permittees for minor
modification of facilities. Two applications are related if the grant
of one is necessary to permit the grant of the second application. Each
application must state that it is filed as part of a related group of
applications to make changes in facilities, must cross-reference each
of the related applications, and must include a copy of the agreement
to undertake the coordinated facility modifications. All applications
must be filed on the same date. Any coordinated facility modification
filing that proposes the cancellation of a community's sole
noncommercial educational FM station license also must include a public
interest justification. Dismissal of any one of the related
applications as unacceptable will result in the dismissal of all the
related applications.
3. Section 73.3571 is amended by revising paragraphs (a)(1) and (f)
to read as follows:
Sec. 73.3571 Processing of AM broadcast station applications.
(a) * * *
(1) In the first group are applications for new stations or for
major changes in the facilities of authorized stations. A major change
for an AM station authorized under this part is any change in community
of license or in frequency, except frequency changes to non-expanded
band first, second or third adjacent channels. A major change in
ownership is a situation where the original party or parties to the
application do not retain more than
[[Page 19502]]
50% ownership interest in the application as originally filed. All
other changes will be considered minor.
* * * * *
(f) Applications for minor modifications for AM broadcast stations,
as defined in paragraph (a)(2) of this section, may be filed at any
time, unless restricted by the FCC, and will be processed on a ``first
come/first served'' basis, with the first acceptable application
cutting off the filing rights of subsequent, conflicting applicants.
The FCC will periodically release a Public Notice listing those
applications accepted for filing. Applications received on the same day
will be treated as simultaneously filed and, if they are found to be
mutually exclusive, must be resolved through settlement or technical
amendment. Conflicting applications received after the filing of a
first acceptable application will be grouped, according to filing date,
behind the lead application in a queue. The priority rights of the lead
applicant, against all other applicants, are determined by the date of
filing, but the filing date for subsequent, conflicting applicants only
reserves a place in the queue. The rights of an applicant in a queue
ripen only upon a final determination that the lead applicant is
unacceptable and if the queue member is reached and found acceptable.
The queue will remain behind the lead applicant until a construction
permit is finally granted, at which time the queue dissolves.
* * * * *
4. Section 73.3573 is amended by revising paragraphs (a)(1) and (e)
to read as follows:
Sec. 73.3573 Processing FM broadcast station applications.
(a) * * *
(1) In the first group are applications for new stations or for
major changes in the facilities of authorized stations. A major change
for an FM station authorized under this part is any change in frequency
or community of license which is in accord with a present allotment
contained in the Table of Allotments (Sec. 73.202(b)) of this part. A
licensee or permittee may seek the higher or lower class adjacent
channel, intermediate frequency or co-channel or the same class
adjacent channel of its existing FM broadcast station authorization by
filing a minor change application. Other requests for change in
frequency or community of license for FM stations must first be
submitted in the form of a petition for rule making to amend the Table
of Allotments. Long-form applications submitted pursuant to
Sec. 73.5005 of this part for a new FM broadcast service may propose a
higher or lower class adjacent channel, intermediate frequency or co-
channel. For reserved frequency noncommercial educational and Class D
FM stations, a major change is any change in community of license, any
change in frequency except changes to first, second or third adjacent
channels, and any change in antenna location where the station would
not continue to provide 1 mV/m service to some portion of its
previously authorized 1 mV/m service area. A major change in ownership
is a situation where the original party or parties to the application
do not retain more than 50% ownership interest in the application as
originally filed.
* * * * *
(e) Applications for new reserved frequency noncommercial
educational FM stations and for major modifications in the facilities
of authorized reserved frequency noncommercial educational and Class D
FM broadcast stations will be processed as nearly as possible in the
order in which they are filed. Such applications will be placed in the
processing line in numerical sequence, and will be drawn by the staff
for study, the lowest file number first. In order that those
applications which are entitled to be grouped for processing may be
fixed prior to the time processing of the earliest filed application is
begun, the FCC will periodically release a Public Notice listing
applications which have been accepted for filing and announcing a date
(not less than 30 days after publication) on which the listed
applications will be considered available and ready for processing and
by which all mutually exclusive applications and/or petitions to deny
the listed applications must be filed. Applications for minor
modifications for reserved frequency noncommercial educational and
Class D FM broadcast stations, as defined in paragraph (a)(2) of this
section, may be filed at any time, unless restricted by the FCC, and
will be processed on a ``first come/first served'' basis, with the
first acceptable application cutting off the filing rights of
subsequent, competing applicants. The FCC will periodically release a
Public Notice listing those applications accepted for filing.
Conflicting applications received on the same day will be treated as
simultaneously filed and mutually exclusive. Conflicting applications
received after the filing of a first acceptable application will be
grouped, according to filing date, behind the lead application in a
queue. The priority rights of the lead applicant, against all other
applicants, are determined by the date of filing, but the filing date
for subsequent, conflicting applicants only reserves a place in the
queue. The rights of an applicant in a queue ripen only upon a final
determination that the lead applicant is unacceptable and if the queue
member is reached and found acceptable. The queue will remain behind
the lead applicant until a construction permit is finally granted, at
which time the queue dissolves.
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTION SERVICES
5. The authority citation for Part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 307 and 554.
6. Section 74.1233 is amended by revising paragraphs (a)(1), (b)
and (d)(1) to read as follows:
Sec. 74.1233 Processing FM translator and booster station
applications.
(a) * * *
(1) In the first group are applications for new stations or for
major changes in the facilities of authorized stations. For FM
translator stations, a major change is any change in frequency (output
channel) except changes to first, second or third adjacent channels, or
intermediate frequency channels, and any change in antenna location
where the station would not continue to provide 1 mV/m service to some
portion of its previously authorized 1 mV/m service area. All other
changes will be considered minor. All major changes are subject to the
provisions of Secs. 73.3580 and 1.1104 of this chapter pertaining to
major changes.
* * * * *
(b) Processing booster and reserved band FM translator
applications.
(1) Applications for minor modifications for reserved band FM
translator stations, as defined in paragraph (a)(2) of this section,
may be filed at any time, unless restricted by the FCC, and will be
processed on a ``first come/first served'' basis, with the first
acceptable application cutting off the filing rights of subsequent,
conflicting applicants. The FCC will periodically release a Public
Notice listing those applications accepted for filing. Conflicting
applications received on the same day will be treated as simultaneously
filed and mutually exclusive. Conflicting applications received after
the filing of a first acceptable application will be grouped, according
to filing date, behind the lead
[[Page 19503]]
application in a queue. The priority rights of the lead applicant,
against all other applicants, are determined by the date of filing, but
the filing date for subsequent, conflicting applicants only reserves a
place in the queue. The rights of an applicant in a queue ripen only
upon a final determination that the lead applicant is unacceptable and
if the queue member is reached and found acceptable. The queue will
remain behind the lead applicant until a construction permit is finally
granted, at which time the queue dissolves.
(2) All other applications for booster stations and reserved band
FM translator stations will be processed as nearly as possible in the
order in which they are filed. Such applications will be placed in the
processing line in numerical sequence, and will be drawn by the staff
for study, the lowest file number first. In order that those
applications which are entitled to be grouped for processing may be
fixed prior to the time processing of the earliest filed application is
begun, the FCC will periodically release a Public Notice listing
reserved band applications that have been accepted for filing and
announcing a date (not less than 30 days after publication) on which
the listed applications will be considered available and ready for
processing and by which all mutually exclusive applications and/or
petitions to deny the listed applications must be filed.
* * * * *
(d) * * *
(1) Applications for minor modifications for non-reserved band FM
translator stations, as defined in paragraph (a)(2) of this section,
may be filed at any time, unless restricted by the FCC, and will be
processed on a ``first come/first served'' basis, with the first
acceptable application cutting off the filing rights of subsequent,
conflicting applicants. The FCC will periodically release a Public
Notice listing those applications accepted for filing. Applications
received on the same day will be treated as simultaneously filed and,
if they are found to be mutually exclusive, must be resolved through
settlement or technical amendment. Conflicting applications received
after the filing of a first acceptable application will be grouped,
according to filing date, behind the lead application in a queue. The
priority rights of the lead applicant, against all other applicants,
are determined by the date of filing, but the filing date for
subsequent, conflicting applicants only reserves a place in the queue.
The rights of an applicant in a queue ripen only upon a final
determination that the lead applicant is unacceptable and if the queue
member is reached and found acceptable. The queue will remain behind
the lead applicant until a construction permit is finally granted, at
which time the queue dissolves.
* * * * *
[FR Doc. 99-9951 Filed 4-20-99; 8:45 am]
BILLING CODE 6712-01-P
