Sec.  1.227   Consolidations.

   (a) The Commission, upon motion or upon its own motion, will, where such
   action will best conduce to the proper dispatch of business and to the ends
   of justice, consolidate for hearing:

   (1) Any cases which involve the same applicant or involve substantially the
   same issues, or

   (2) Any applications which present conflicting claims, except where a random
   selection process is used.

   (b)(1) In broadcast cases, except as provided in paragraph (b)(5) of this
   section, and except as otherwise provided in  Sec. 1.1601, et seq., no
   application will be consolidated for hearing with a previously filed
   application or applications unless such application, or such application as
   amended, if amended so as to require a new file number, is substantially
   complete and tendered for filing by the close of business on the day
   preceding the day designated by Public Notice as the day any one of the
   previously filed applications is available and ready for processing.

   (2) In other than broadcast, common carrier, and safety and special radio
   services cases, any application that is mutually exclusive with another
   application or applications already designated for hearing will be
   consolidated for hearing with such other application or applications only if
   the later application in question has been filed within 5 days after public
   notice has been given in the Federal Register of the Commission's order
   which first designated for hearing the prior application or applications
   with which such application is in conflict.

   (3) Common carrier cases: (i) General rule. Where an application is mutually
   exclusive with a previously filed application, the second application will
   be entitled to comparative consideration with the first or entitled to be
   included in a random selection process, only if the second has been properly
   filed at least one day before the Commission takes action on the first
   application. Specifically, the later filed application must have been
   received by the Commission, in a condition acceptable for filing, before the
   close of business on the day prior to the grant date or designation date of
   the earlier filed application.

   (ii) Domestic public fixed and public mobile. See Rule  Sec. 21.31 of this
   chapter for the requirements as to mutually exclusive applications. See also
   Rule  Sec. 21.23 of this chapter for the requirements as to amendments of
   applications.

   (iii) Public coast stations (Maritime mobile service). See paragraph (b)(4)
   of this section.

   (4) This paragraph applies when mutually exclusive applications subject to
   section 309(b) of the Communications Act and not subject to competitive
   bidding procedures pursuant to  Sec. 1.2102 of this chapter are filed in the
   Private Radio Services, or when there are more such applications for initial
   licenses than can be accommodated on available frequencies. Except for
   applications filed under part 101, subparts H and O, Private Operational
   Fixed Microwave Service, and applications for high seas public coast
   stations (see  Sec.  Sec. 80.122(b)(1) (first sentence), 80.357, 80.361, 80.363(a)(2),
   80.371(a), (b), and (d), and 80.374 of this chapter) mutual exclusivity will
   occur if the later application or applications are received by the
   Commission's offices in Gettysburg, PA (or Pittsburgh, PA for applications
   requiring the fees set forth at part 1, subpart G of the rules) in a
   condition acceptable for filing within 30 days after the release date of
   public notice listing the first prior filed application (with which
   subsequent applications are in conflict) as having been accepted for filing
   or within such other period as specified by the Commission. For applications
   in the Private Operational Fixed Microwave Service, mutual exclusivity will
   occur if two or more acceptable applications that are in conflict are filed
   on the same day. Applications for high seas public coast stations will be
   processed on a first come, first served basis, with the first acceptable
   application cutting off the filing rights of subsequent, conflicting
   applications. Applications for high seas public coast stations received on
   the same day will be treated as simultaneously filed and, if granting more
   than one would result in harmful interference, must be resolved through
   settlement or technical amendment.

   (5) Any mutually exclusive application filed after the date prescribed in
   paragraph (b)(1), (b)(2), (b)(3), or (b)(4) of this section will be
   dismissed without prejudice and will be eligible for refiling only after a
   final decision is rendered by the Commission with respect to the prior
   application or applications or after such application or applications are
   dismissed or removed from the hearing docket.

   (6) An application which is mutually exclusive with an application for
   renewal of license of a broadcast station filed on or before May 1, 1995
   will be designated for comparative hearing with such license renewal
   application if it is substantially complete and tendered for filing no later
   than the date prescribed in  Sec. 73.3516(e).

   [ 28 FR 12425 , Nov. 22, 1963, as amended at  34 FR 7966 , May 21, 1969;  37 FR 13983 , July 15, 1972;  38 FR 26202 , Sept. 19, 1973;  48 FR 27200 , June 13,
   1983;  48 FR 34039 , July 27, 1983;  52 FR 10229 , Mar. 31, 1987;  55 FR 46008 ,
   Oct. 31, 1990;  55 FR 46513 , Nov. 5, 1990;  61 FR 18291 , Apr. 25, 1996;  67 FR 34851 , May 16, 2002;  67 FR 48563 , July 25, 2002]