Sec. 101.47  Consideration of applications.

    (a) Applications for an instrument of authorization will be granted 
if, upon examination of the application and upon consideration of such 
other matters as it may officially notice, the Commission finds that the 
grant will serve the public interest, convenience, and necessity.
    (b) The grant will be without a formal hearing if, upon 
consideration of the application, any pleadings of objections filed, or 
other matters which may be officially noticed, the Commission finds 
that:
    (1) The application is acceptable for filing, and is in accordance 
with the Commission's rules, regulations, and other requirements;
    (2) The application is not subject to comparative consideration 
(pursuant to Sec. 101.45) with another application (or applications), 
except where the competing applicants have chosen the comparative 
evaluation procedure of Sec. 101.51 and a grant is appropriate under 
that procedure;

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    (3) A grant of the application would not cause harmful electrical 
interference to an authorized station;
    (4) There are no substantial and material questions of fact 
presented; and
    (5) The applicant is legally, technically, financially and otherwise 
qualified, and a grant of the application would serve the public 
interest.
    (c) Whenever the Commission, without a formal hearing, grants any 
application in part, or subject to any terms or conditions other than 
those normally applied to applications of the same type, it will inform 
the applicant of the reasons therefor, and the grant will be considered 
final unless the Commission revises its action (either by granting the 
application as originally requested, or by designating the application 
for a formal evidentiary hearing) in response to a petition for 
reconsideration that:
    (1) Is filed by the applicant within thirty (30) days from the date 
of the letter or order giving the reasons for the partial or conditioned 
grant;
    (2) Rejects the grant as made and explains the reasons why the 
application should be granted as originally requested; and
    (3) Returns the instrument of authorization.
    (d) The Commission will designate an application for a formal 
hearing, specifying with particularity the matters and things in issue, 
if, upon consideration of the application, any pleadings or objections 
filed, or other matters which may be officially noticed, the Commission 
determines that:
    (1) A substantial and material question of fact is presented;
    (2) The Commission is unable for any reason to make the findings 
specified in paragraph (a) of this section and the application is 
acceptable for filing, complete, and in accordance with the Commission's 
rules, regulations, and other requirements;
    (3) The application is entitled to comparative consideration (under 
Sec. 101.45) with another application (or applications); or
    (4) The application is entitled to comparative consideration 
(pursuant to Sec. 101.45) and the applicants have chosen the comparative 
evaluation procedure of Sec. 101.51 but the Commission deems such 
procedure to be inappropriate.
    (e) The Commission may grant, deny, or take other action with 
respect to an application designated for a formal hearing pursuant to 
paragraph (d) of this section or part 1 of this chapter.
    (f) Except with respect to applications subject to subpart L of this 
part, whenever the public interest would be served thereby, the 
Commission may grant one or more mutually exclusive applications 
expressly conditioned upon final action on the applications, and then 
either conduct a random selection process (in specified services under 
this part), designate all of the mutually exclusive applications for a 
formal evidentiary hearing or (whenever so requested) follow the 
comparative evaluation procedures of Sec. 101.51, as appropriate, if it 
appears:
    (1) That some or all of the applications were not filed in good 
faith, but were filed for the purpose of delaying or hindering the grant 
of another application;
    (2) That the public interest requires the prompt establishment of 
radio service in a particular community or area;
    (3) That a delay in making a grant to any applicant until after the 
conclusion of a hearing or a random selection proceeding on all 
applications might jeopardize the rights of the United States under the 
provision of an international agreement to the use of the frequency in 
question; or
    (4) That a grant of one application would be in the public interest 
in that it appears from an examination of the remaining applications 
that they cannot be granted because they are in violation of provisions 
of the Communications Act, other statutes, or of the provisions of this 
chapter.
    (g) Reconsideration or review of any final action taken by the 
Commission will be in accordance with subpart A of part 1 of this 
chapter.
[ 61 FR 26677 , May 28, 1996, as amended at  62 FR 23164 , Apr. 29, 1997]