Sec. 24.815 Technical content of applications; maintenance of list of
station locations.
(a) All applications required by this part shall contain all
technical information required by the application forms or associated
Public Notice(s). Applications other than initial applications for a
broadband PCS license must also comply with all technical requirements
of the rules governing the broadband PC (see subparts C and E of this
part as appropriate). The following paragraphs describe a number of
general technical requirements.
(b) Each application (except applications for initial licenses filed
on Form 175) for a license for broadband PCS must comply with the
provisions of Secs. 24.229-24.238 of the Commission's Rules.
(c)-(i) [Reserved]
(j) The location of the transmitting antenna shall be considered to
be the station location. Broadband PCS licensees must maintain a current
list of all station locations, which must describe the transmitting
antenna site by its geographical coordinates and also by conventional
reference to street number, landmark, or the equivalent. All such
coordinates shall be specified in terms of degrees, minutes, and seconds
to the nearest second of latitude and longitude.
[[Page 295]]
Secs. 24.816--24.818 [Reserved]
24.819 Waiver of rules.
(a) Requests for waiver.
(1) A waiver of these rules may be granted upon application or by
the Commission on its own motion. Requests for waivers shall contain a
statement of reason sufficient to justify a waiver. Waivers will not be
granted except upon an affirmative showing:
(i) That the underlying purpose of the rule will not be served, or
would be frustrated, by its application in a particular case, and that
grant of the waiver is otherwise in the public interest; or
(ii) That the unique facts and circumstances of a particular case
render application of the rule inequitable, unduly burdensome or
otherwise contrary to the public interest. Applicants must also show the
lack of a reasonable alternative.
(2) If the information necessary to support a waiver request is
already on file, the applicant may cross-reference to the specific
filing where it may be found.
(b) Denial of waiver, alternate showing required. If a waiver is not
granted, the application will be dismissed as defective unless the
applicant has also provided an alternative proposal which complies with
the Commission's rules (including any required showings).
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