§  25.112   Defective applications.

   (a) An application will be unacceptable for filing and will be returned
   to the applicant with a brief statement identifying the omissions or
   discrepancies if:

   (1) The application is defective with respect to completeness of
   answers to questions, informational showings, internal inconsistencies,
   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.

   (3) The application requests authority to operate a space station in a
   frequency band that is not allocated internationally for such
   operations under the Radio Regulations of the International
   Telecommunication Union.

   (b) Applications for space station authority found defective under
   paragraph (a)(3) of this section will not be considered. Applications
   for authority found defective under paragraphs (a)(1) or (a)(2) 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;

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

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

   [ 56 FR 24016 , May 28, 1991, as amended at  68 FR 51502 , Aug. 27, 2003]

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