§  1.945   License grants.

   (a) License grants--auctionable license applications. Procedures for
   grant of licenses that are subject to competitive bidding under section
   309(j) of the Communications Act are set forth in § §  1.2108 and
   1.2109 of this part.

   (b) License grants--non-auctionable license applications. No
   application that is not subject to competitive bidding under §  309(j)
   of the Communications Act will be granted by the Commission prior to
   the 31st day following the issuance of a Public Notice of the
   acceptance for filing of such application or of any substantial
   amendment thereof, unless the application is not subject to §  309(b)
   of the Communications Act.

   (c) Grant without hearing. In the case of both auctionable license
   applications and non-mutually exclusive non-auctionable license
   applications, the Commission will grant the application without a
   hearing if it is proper upon its face and if the Commission finds from
   an examination of such application and supporting data, any pleading
   filed, or other matters which it may officially notice, that:

   (1) There are no substantial and material questions of fact;

   (2) The applicant is legally, technically, financially, and otherwise
   qualified;

   (3) A grant of the application would not involve modification,
   revocation, or non-renewal of any other existing license;

   (4) A grant of the application would not preclude the grant of any
   mutually exclusive application; and

   (5) A grant of the application would serve the public interest,
   convenience, and necessity.

   (d) Grant of petitioned applications. The FCC may grant, without a
   formal hearing, an application against which petition(s) to deny have
   been filed. If any petition(s) to deny are pending ( i.e. , have not
   been dismissed or withdrawn by the petitioner) when an application is
   granted, the FCC will deny the petition(s) and issue a concise
   statement of the reason(s) for the denial, disposing of all substantive
   issues raised in the petitions.

   (e) Partial and conditional grants. The FCC may grant applications in
   part, and/or subject to conditions other than those normally applied to
   authorizations of the same type. When the FCC does this, it will inform
   the applicant of the reasons therefor. Such partial or conditional
   grants are final unless the FCC revises its action in response to a
   petition for reconsideration. Such petitions for reconsideration must
   be filed by the applicant within thirty days after the date of the
   letter or order stating the reasons for the partial or conditional
   grant, and must reject the partial or conditional grant and return the
   instrument of authorization.

   (f) Designation for hearing. If the Commission is unable to make the
   findings prescribed in subparagraph (c), it will formally designate the
   application for hearing on the grounds or reasons then obtaining and
   will notify the applicant and all other known parties in interest of
   such action.

   (1) Orders designating applications for hearing will specify with
   particularity the matters in issue.

   (2) Parties in interest, if any, who are not notified by the Commission
   of its action in designating a particular application for hearing may
   acquire the status of a party to the proceeding by filing a petition
   for intervention showing the basis of their interest not more than 30
   days after publication in the Federal Register of the hearing issues or
   any substantial amendment thereto.

   (3) The applicant and all other parties in interest shall be permitted
   to participate in any hearing subsequently held upon such applications.
   Hearings may be conducted by the Commission or by the Chief of the
   Wireless Telecommunications Bureau, or, in the case of a question which
   requires oral testimony for its resolution, an Administrative Law
   Judge. The burden of proceeding with the introduction of evidence and
   burden of proof shall be upon the applicant, except that with respect
   to any issue presented by a petition to deny or a petition to enlarge
   the issues, such burdens shall be as determined by the Commission or
   the Chief of the Wireless Telecommunications Bureau.

   [ 63 FR 68932 , Dec. 14, 1998]

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