Sec.  21.27   Public notice period.

   

   (a) At regular intervals, the Commission will issue a public notice
   listing:

   (1) The acceptance for filing of applications and major amendments
   thereto;

   (2) Significant Commission actions concerning applications;

   (3) The filing of certifications of completion of construction;

   (4) The receipt of applications for minor modifications made pursuant
   to Sec. 21.41;

   (5) Information which the Commission in its discretion believes of
   public significance; and

   (6) Special environmental considerations as required by part 1 of this
   chapter.

   (7) The BTAs designated for licensing through the competitive bidding
   process and the filing date for short-form applications for those
   areas;

   (8) The auction winners in the competitive bidding process;

   (b) A public notice will not normally be issued for any of the
   following applications:

   (1) For authorization of a minor technical change in the facilities of
   a proposed or authorized station where such a change would not be
   classified as a major amendment to a pending application, as defined
   by Sec. 21.23, or as a minor modification to a license pursuant to Sec. 21.41;

   (2) For temporary authorization pursuant to Sec. 21.25;

   (3) For an authorization under any of the proviso clauses of section
   308(a) of the Communications Act of 1934 (47 U.S.C. 308(a));

   (4) For consent to an involuntary assignment or transfer of control of
   a radio authorization; or

   (5) For consent to a voluntary assignment or transfer of control of a
   radio authorization, where the assignment or transfer does not involve
   a substantial change in ownership or control.

   (c) Except as otherwise provided in this part (e.g., Sec. 21.41), no
   application that has appeared on public notice will be granted until
   the expiration of a period of thirty days following the issuance of
   the public notice listing the application, or any major amendment
   thereto, or until the expiration of a period of thirty days following
   the issuance of a public notice identifying the tentative selectee of
   a random selection process, whichever is later.

   (d) Notwithstanding any other provisions of this part, effective as of
   September 17, 1998, there shall be one one-week window, at such time
   as the Commission shall announce by public notice, for the filing of
   applications for high-power signal booster station, response station
   hub and I channels point-to-multipoint transmissions licenses, during
   which all applications shall be deemed to have been filed as of the
   same day for purposes of Sec. Sec. 21.909, 21.913 and 74.939(l) of this
   chapter. Following the publication of a public notice announcing the
   tendering for filing of applications submitted during that window,
   applicants shall have a period of sixty (60) days to amend their
   applications, provided such amendments do not result in any increase
   in interference to any previously proposed or authorized station, or
   to facilities proposed during the window, absent consent of the
   applicant for or conditional licensee or licensee of the station that
   would receive such interference. At the conclusion of that sixty (60)
   day period, the Commission shall publish a public notice announcing
   the acceptance for filing of all applications submitted during the
   initial window, as amended during the sixty (60) day period. All
   petitions to deny such applications must be filed within sixty (60)
   days of such second public notice. On the sixty-first (61st) day after
   the publication of such second public notice, applications for new or
   modified response station hub, booster station and I channels
   point-to-multipoint transmissions licenses may be filed and will be
   processed in accordance with the provisions of Sec. Sec. 21.909, 21.913 and
   74.939(l) of this chapter. Notwithstanding Sec. 21.31, each application
   submitted during the initial window shall be granted on the
   sixty-first (61st) day after the Commission shall have given such
   public notice of its acceptance for filing, unless prior to such date
   either a party in interest timely files a formal petition to deny or
   for other relief pursuant to Sec. 21.30(a), or the Commission notifies the
   applicant that its application will not be granted. Where an
   application is granted pursuant to the provisions of this paragraph,
   the conditional licensee or licensee shall maintain a copy of the
   application at the transmitter site or response station hub until such
   time as the Commission issues a license.

   [ 52 FR 37779 , Oct. 9, 1987, as amended at  54 FR 10327 , Mar. 13, 1989;
    60 FR 36552 , July 17, 1995;  61 FR 26674 , May 28, 1996;  63 FR 65101 ,
   Nov. 25, 1998;  64 FR 4054 , Jan. 27, 1999]