Goto Section: 24.831 | 24.833 | Table of Contents
FCC 24.832
Revised as of
Goto Year:1996 |
1998
Sec. 24.832 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. See
also Sec. 1.2108 of this chapter.
(b) The grant shall be without a formal hearing if, upon
consideration of the application, any pleadings or 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 a post-auction hearing or to
comparative consideration pursuant to Sec. 24.831 with another
application(s);
(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 qualified under current FCC regulations and
policies.
(c) If the Commission should grant without a formal hearing an
application for an instrument of authorization which is subject to a
petition to deny filed in accordance with Sec. 24.830, the Commission
will deny the petition by the issuance of a Memorandum Opinion and Order
which will concisely state the reasons for the denial and dispose of all
substantial issues raised by the petition.
(d) 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 shall inform
the applicant of the reasons therefor, and the grant shall 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 which:
(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.
(e) 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 (see
also Sec. 1.2108 of this Chapter);
(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; or
(3) The application is entitled to comparative consideration (under
Sec. 24.831) with another application (or applications).
(f) The Commission may grant, deny or take other action with respect
to an application designated for a formal hearing pursuant to paragraph
(e) of this section or part 1 of this chapter.
(g) [Reserved]
(h) Reconsideration or review of any final action taken by the
Commission will be in accordance with subpart A of part 1 of this
chapter.
Goto Section: 24.831 | 24.833
Goto Year: 1996 |
1998
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