47 C.F.R. § 73.3566
Defective applications
(a) Applications which are determined to be patently not in accordance with the FCC rules, regulations, or other requirements, unless accompanied by an appropriate request for waiver, will be considered defective and will not be accepted for filing or if inadvertently accepted for filing will be dismissed. Requests for waiver shall show the nature of the waiver or exception desired and shall set forth the reasons in support thereof.
(b) If an applicant is requested by the FCC to file any additional documents or information not included in the prescribed application form, a failure to comply with such request will be deemed to render the application defective, and such application will be dismissed.
Notes of Decisions
Cited in 6
cases, 1992–2017 · leading case: Press Commc'ns LLC v. Fed. Commc'ns Comm'n, 875 F.3d 1117 (D.D.C. 2017).
Press Commc'ns LLC v. Fed. Commc'ns Comm'n, 875 F.3d 1117 (D.D.C. 2017). “Press’s application to swap Equity into a new short spaced channel position was therefore “not in accordance with the FCC rules,” and defective “unless accompanied by an appropriate request for waiver.”
United States v. Stephen Paul Dunifer, 219 F.3d 1004 (9th Cir. 2000). “See 47 C.F.R. § 73.3566 (a) (noting that a waiver application must "show the nature of the waiver or ex *1009 ception desired and shall set forth the reasons in support thereof”).”
The Florida Inst. of Tech. v. Fed. Commc'ns Comm'n, (Two Cases), 952 F.2d 549 (D.C. Cir. 1992). “See 47 C.F.R. §§ 73.3566 (b), 73.3568(b). As of early 1986, then, only Palm Bay remained as an applicant for the new NCE FM station; the Institute remained silently on the sidelines.”
United States v. Any & All Radio Station Transmission Equip., 976 F. Supp. 1255 (D. Minnesota 1997). “47 C.F.R. § 73.3566 (a). Although the parties dispute whether Claimant properly applied for such a waiver, that disputed fact is not material to the question of whether Claimant violated section 301 because he does not contend that any such waiver was ever granted.”
Red Rock Broad., Inc. v. Fed. Commc'ns Comm'n, 94 F.3d 698 (D.C. Cir. 1996). “” 47 C.F.R. § 73.3566 (a). Those applications that are not accepted for filing are returned.”
Press Commc'ns LLC v. FCC (D.C. Cir. 2017). “” 47 C.F.R. § 73.3566 (a). At argument, counsel for Press suggested that we could not rely on the Note to Section 73.”
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