[Federal Register Volume 68, Number 93 (Wednesday, May 14, 2003)]
[Rules and Regulations]
[Pages 25841-25843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11964]


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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 [email protected].
    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]
BILLING CODE 6712-01-P