Goto Section: 22.122 | 22.124 | Table of Contents
FCC 22.123
Revised as of
Goto Year:1996 |
1998
Sec. 22.123 Classification of filings as major or minor.
Applications and amendments to applications are classified as major
or minor. Categories of major and minor filings are listed in section
309 of the Communications Act of 1934, as amended (47 U.S.C. 309). In
general, a major filing is a request for an FCC action that has the
potential to affect parties other than the applicant. Filings are minor
if they are not classified as major.
(a) Ownership or control change. Filings are major if they specify a
substantial change in beneficial ownership or control (de jure or de
facto), unless such change is involuntary or if the filing merely amends
an application to reflect a change in ownership or control that has
already been approved by the FCC.
(b) Developmental. Applications are major if they request a
developmental authorization pursuant to Sec. 22.409, or a regular
authorization for facilities operating under a developmental
authorization.
(c) Renewal. Applications of renewal of authorizations are major.
(d) Environmental. Filings are major if they request authorization
for a facility that would have a significant environmental effect, as
defined by Secs. 1.1301 through 1.1319 of this chapter.
(e) Paging and Radiotelephone Service. In the Paging and
Radiotelephone Service, filings are major if they:
(1) Request that a paging geographic area authorization be issued to
the filer on a requested channel;
(2) Request an authorization that would establish for the filer a
new fixed transmission path or service area (a new station) on a
requested channel, unless the new service area would be totally within a
paging geographic area for which the filer holds the paging geographic
area authorization for the requested channel;
(3) Request an authorization that would extend the interfering
contours of an existing station beyond the composite interfering
contours of station(s) authorized to the filer on a request channel;
(4) Request an authorization that would increase the effective
radiated power or antenna height above average terrain in any azimuth
from an existing fixed transmitter authorized to the filer;
(5) Request an authorization that would relocate an existing fixed
transmitter;
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(6) Amend a pending application to change a requested channel;
(7) Amend a pending application in a way that would extend the
service area of a station on a requested channel to include area that--
(i) Would not have been served by that station as previously
proposed in the application and--
(ii) Is not already served by the station on the requested channel;
(8) Amend a pending application in a way that would extend the
interfering contours of a station on a requested channel beyond--
(i) The composite interfering contours of that station as previously
proposed in the application and--
(ii) The composite interfering contours of any other stations
authorized to the filer on a requested channel;
(9) Amend a pending application to increase the proposed effective
radiated power or antenna height above average terrain in any azimuth of
a fixed transmitter;
(10) Amend a pending application to change the location of a fixed
transmitter from that previously proposed in the application; or,
(11) Amend a pending application for which pre-filing coordination
was required (see Sec. 22.150) to change the technical proposal
substantially from that which was coordinated with other users.
(f) Rural Radiotelephone Service. In the Rural Radiotelephone
Service, filings are major if they:
(1) Request an authorization for a new central office or subscriber
station;
(2) Request an authorization that would extend the interfering
contours of an existing station beyond the composite interfering
contours of station(s) authorized to the filer on a requested channel;
(3) Request an authorization that would increase the effective
radiated power or antenna height above average terrain in any azimuth
from an existing transmitter authorized to the filer;
(4) Request an authorization that would relocate an existing
transmitter;
(5) Amend a pending application to change a requested channel;
(6) Amend a pending application in a way that would extend the
interfering contours of a station on a requested channel beyond--
(i) The composite interfering contours of that station as previously
proposed in the application and--
(ii) The composite interfering contours of any other stations
authorized to the filer on a requested channel; or,
(7) Amend a pending application to increase the proposed effective
radiated power or antenna height above average terrain in any azimuth of
a transmitter.
(g) Cellular Radiotelephone Service. In the Cellular Radiotelephone
Service, filings are major if they:
(1) Request an authorization to operate a new cellular system;
(2) Request an authorization for facilities that would expand the
cellular geographic service area (CGSA) of an existing cellular system,
except during the applicable five year build-out period, if any;
(3) Request an authorization for facilities that would produce a de
minimis service area boundary extension (see Sec. 22.911(c)(1));
(4) Request that a CGSA boundary or a portion of a CGSA boundary be
determined using an alternative method (see Sec. 22.911(b));
(5) Amend a pending application to change the requested channel
block; or,
(6) Amend a pending application by modifying the CGSA of the
proposed cellular system to include area that--
(i) Was not included in the CGSA as previously proposed in the
application and--
(ii) Is not included in the currently authorized CGSA, if any.
(h) Air-ground Radiotelephone. In the Air-ground Radiotelephone
Service, filings are major if they:
(1) Request an authorization for a new General Aviation ground
station or to relocate an existing General Aviation ground station;
(2) Request the first authorization for a new Commercial Aviation
ground station at a location other than those listed in Sec. 22.859;
(3) Request authorization to add a channel to or change a channel of
an existing General Aviation ground station; or,
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(4) Amend a pending application to change the requested channel or
channel block.
(i) Offshore Radiotelephone. In the Offshore Radiotelephone Service,
filings are major if they:
(1) Request an authorization for a new offshore central or
subscriber station;
(2) Request authorization to add a channel to or change a channel of
an existing offshore central or subscriber station; or,
(3) Amend a pending application to change the technical proposal
substantially from that which was coordinated with other users prior to
filing.
(j) Clerical errors. Amendments are classified as minor if they only
correct typographical, transcription or similar clerical errors that are
clearly demonstrated (e.g. by reference to other parts of the
application) to be mistakes, and whose discovery and correction does not
change information previously listed in a Public Notice.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 62 FR 11629 , Mar. 12, 1997]
Goto Section: 22.122 | 22.124
Goto Year: 1996 |
1998
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