[Federal Register: May 14, 2003 (Volume 68, Number 93)]
[Rules and Regulations]
[Page 25841-25843]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my03-15]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[WT Docket No. 02-57; FCC 03-79]
Repetitious or Conflicting Applications
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document the Federal Communications Commission (FCC)
amends its rules to prohibit the filing of any repetitious license
application in the Wireless Radio Services within twelve months of the
denial or dismissal with prejudice of a substantially similar
application. This amendment simplifies and clarifies the prohibition
against repetitious applications. This action is intended to promote
the most efficient use of the FCC's resources by preventing the filing
of repetitious applications and barring applicants from initiating
reexamination of such matters within a short time after a final
decision.
DATES: Effective June 13, 2003.
FOR FURTHER INFORMATION CONTACT: Peter Waltonen, Esq., Policy and Rules
Branch, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau, (202) 418-0680.
SUPPLEMENTARY INFORMATION: This is a summary of the FCC's Report and
Order, FCC 03-79, adopted on April 9, 2003, and released on April 16,
2003. The full text of this document is available for inspection and
copying during normal business hours in the FCC Reference Center, 445
12th Street, SW., Washington, DC 20554. The complete text may be
purchased from the FCC's copy contractor, Qualex International, 445
12th Street, SW., Room CY-B402, Washington, DC 20554. The full text
also may be downloaded at: http://www.fcc.gov. Alternative formats are
available to persons with disabilities by contacting Brian Millin at
(202) 418-7426 or TTY (202) 418-7365 or at bmillin@fcc.gov. 1. In this Report and Order, the FCC amends Sec. 1.937 of its
rules to prohibit the filing of any repetitious license application in
the Wireless Radio Services within twelve months of the denial or
dismissal with prejudice of a substantially similar application. It
also streamlines rule barring repetitious applications by combining
Sec. 1.937(a) and (b). The amendment of Sec. 1.937 will simplify and
clarify prohibition against repetitious applications. The FCC believes
that this action will promote the most efficient use of it's resources
by
[[Page 25842]]
preventing the filing of such applications and barring applicants from
initiating reexamination of such matters within a short time after
final decision.
Background
2. The Commission's Rules have long prevented the filing of
repetitious license applications. Prior to 1998, the rules barring
repetitious license applications were set forth in separate rule parts
pertaining to each of the Wireless Radio Services. These rules
generally prohibited the filing of a repetitious application within
twelve months of the denial or dismissal with prejudice of a
substantially similar application. In 1998, the Commission consolidated
its licensing rules for all Wireless Radio Services, and enacted Sec.
1.937 to replace its prior service-specific rules on the filing of
repetitious or conflicting applications. Section 1.937 provides,
(a) Where the Commission has, for any reason, dismissed an
application for a new station or for any modification of services or
facilities with prejudice, or revoked the license for a radio station
in the Wireless Radio Services, the Commission will not consider a like
or new application involving service of the same kind to substantially
the same area by substantially the same applicant, its successor or
assignee, or on behalf of or for the benefit of the original parties in
interest, until after the lapse of 12 months from the effective date of
final Commission action.
(b) If an applicant has been afforded an opportunity for a hearing
with respect to an application for a new station or an enlargement of
service area, and the Commission has, after hearing or default, denied
the application or dismissed it with prejudice, the Commission will not
consider a like application for service of the same type to the same
area by that applicant, or by its successor or assignee, or on behalf
of or for the benefit of the parties in interest to the original
application, until after the lapse of 12 months from the effective date
of final Commission action on the original application.
(c) If an appeal has been taken from the action of the Commission
denying a particular application, a like application for service of the
same type to the same area, in whole or in part, filed by that
applicant or by its successor or assignee, or on behalf or for the
benefit of the parties in interest to the original application, will
not be considered until the final disposition of such appeal.
(d) While an application is pending, any subsequent inconsistent or
conflicting application submitted by, on behalf of, or for the benefit
of the same applicant, its successor or assignee will not be accepted
for filing. Section 1.937 and its antecedents were adopted to achieve
sound administrative process by barring applicants from immediately re-
litigating matters already decided.
3. On March 20, 2002, the Commission released a Notice of Proposed
Rule Making, 67 FR 34651, May 15, 2002, in which it proposed to amend
Sec. 1.937 to clarify that the prohibition on repetitive applications
applies to all types of license applications (i.e., new applications
and renewal applications), and applies equally to all dispositive
actions, including dismissals with prejudice, denials, and revocations.
Comments were filed by the American Mobile Telecommunications
Association, Inc. (AMTA). AMTA supports the Commission's effort to
simplify its rules, but cautions the Commission to do so carefully so
as not to apply the sanction to applications dismissed without
prejudice.
Procedural Matters
A. Regulatory Flexibility Act Analyses
4. The FCC, pursuant to 5 U.S.C. 605(b) certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. The purpose of this Report and Order is to prohibit the
filing of applications for radio station licenses within twelve months
of the denial of a substantially similar application. This change is
made to promote the most efficient use of the FCC's resources by
preventing the immediate filing of repetitious applications. The FCC
has analyzed the information submitted during the comment period and
the proposed rule change does not impose any additional compliance
burden on small entities regulated by the FCC. Accordingly, we certify,
pursuant to section 605(b) of the Regulatory Flexibility Act (RFA),
that the rule change established in this Report and Order will not have
a significant economic impact upon a substantial number of small
entities, as that term is defined by the RFA. The FCC's Office of
Public Affairs, Reference Operations Division, shall send a copy of
this Report and Order, including this certification, to the Chief
Counsel for Advocacy of the Small Business Administration in accordance
with the RFA. We shall also publish a copy of this certification in the
Federal Register.
B. Paperwork Reduction Act
5. This Report and Order does not contain either a proposed or
modified information collection.
Ordering Clauses
6. Pursuant to sections 4(i), 303(r), and 403 of the Communications
Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), 403, this Report and
Order is hereby adopted.
7. The rules set forth in the rule changes will become effective
June 13, 2003.
8. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Report and
Order including the Regulatory Flexibility Certification, to the Chief
Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 1
Administrative practice and procedure, Radio, and Reporting and
recordkeeping requirements.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Rule Changes
0
For the reasons discussed in the preamble the FCC amends 47 CFR part 1
as follows:
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309
and 325(e).
0
2. Section 1.937 is amended by revising paragraph (a), removing and
reserving paragraph (b) and revising paragraph (c) to read as follows:
Sec. 1.937 Repetitious or conflicting applications.
(a) Where the Commission has, for any reason, dismissed with
prejudice or denied any license application in the Wireless Radio
Services, or revoked any such license, the Commission will not consider
a like or new application involving service of the same kind to
substantially the same area by substantially the same applicant, its
successor or assignee, or on behalf of or for the benefit of the
original parties in interest, until after the lapse of 12 months from
the effective date of final Commission action.
(b) [Reserved]
(c) If an appeal has been taken from the action of the Commission
dismissing with prejudice or denying any application in the Wireless
Radio Services, or if the application is subsequently designated for
hearing, a like application for service of the same type to the same
area, in whole or in
[[Page 25843]]
part, filed by that applicant or by its successor or assignee, or on
behalf or for the benefit of the parties in interest to the original
application, will not be considered until the final disposition of such
appeal.
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[FR Doc. 03-11964 Filed 5-13-03; 8:45 am]
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