Sec.  21.20   Defective applications.

   

   (a) Unless the Commission shall otherwise permit, an application will
   be unacceptable for filing and will be returned to the applicant with
   a brief statement as to the omissions or discrepancies if:

   (1) The application is defective with respect to completeness of
   answers to questions, informational showings, execution, or other
   matters of a formal character; or

   (2) The application does not substantially comply with the
   Commission's rules, regulations, specific requests for additional
   information, or other requirements.

   (b) By way of illustration only, and not in any way limiting the scope
   of paragraph (a), the following are examples of common deficiencies
   which result in defective applications under paragraph (a):

   (1) The application is not properly executed;

   (2) The submitted filing fee (if a filing fee is required) is
   insufficient;

   (3) The application does not demonstrate how the proposed radio
   facilities will serve the public interest, convenience or necessity;

   (4) The application does not demonstrate compliance with the special
   requirements applicable to the radio service involved;

   (5) The application does not certify the availability of the proposed
   station site.

   (6) The application does not include the environmental assessment
   required for any significant environmental impact under the
   Commission's environmental rules (part 1, subpart I);

   (7) The application does not specify the polarization and, where
   applicable, the antenna orientation azimuth and distance;

   (8) The application does not include all necessary exhibits;

   (9) The application is filed after the cutoff date prescribed in
   Sec. 21.31 or Sec. 21.914 of this part;

   (10) The application proposes the use of a frequency not allocated to
   such use; or

   (11) The application does not contain the FCC Registration Number
   (FRN) as required under subpart W of part 1 of this part.

   (c) Applications considered defective under paragraph (a) of this
   section may be accepted for filing if:

   (1) The application is accompanied by a request which sets forth the
   reasons in support of a waiver of (or an exception to), in whole or in
   part, any specific rule, regulation, or requirement with which the
   application is in conflict; or

   (2) The Commission, upon its own motion, waives (or allows an
   exception to), in whole or in part, any rule, regulation or
   requirement.

   (d) If an applicant is requested by the Commission to file any
   documents or any supplementary or explanatory information not
   specifically required in the prescribed application form, a failure to
   comply with such request within a specified time period will be deemed
   to render the application defective and will subject it to dismissal.

   [ 44 FR 60534 , Oct. 19, 1979, as amended at  52 FR 5294 , Feb. 20, 1987;
    52 FR 37779 , Oct. 9, 1987;  55 FR 46009 , Oct. 31, 1990;  58 FR 11797 ,
   Mar. 1, 1993;  61 FR 26674 , May 28, 1996;  66 FR 47896 , Sept. 14, 2001]