1998 Biennial Regulatory ReviewStreamlining of Radio Technical Rules

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MM Docket No. 98-93; FCC 99-55]

1998 Biennial Regulatory Review--Streamlining of Radio Technical

Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this Report and Order, the Commission modifies its rules to

extend first come/first served processing to applications for minor

changes to AM, reserved frequency noncommercial educational FM (``NCE

FM'') and FM translator facilities. The Commission also expands the

definition of ``minor change'' in these services to conform more

closely to the commercial FM definition, which includes all changes

except changes in community of license and certain changes in frequency

and/or class. Finally, we amend the contingent application rule to

permit the filing of up to four related and simultaneously-filed minor

change FM station construction permit applications. These modifications

were proposed as part of a broad-based initiative, undertaken in

conjunction with the Commission's 1998 biennial regulatory review, to

streamline Mass Media Bureau radio technical rules.

EFFECTIVE DATE: May 21, 1999.

FOR FURTHER INFORMATION CONTACT: Peter H. Doyle, Audio Services

Division, Mass Media Bureau (202) 418-2700 or William J. Scher, Audio

Services Division, Mass Media Bureau, (202) 418-2700.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First

Report and Order in MM Docket 98-93, adopted March 23, 1999, and

released March 30, 1999. The complete text of this Report and Order is

available for

[[Page 19499]]

inspection and copying during normal business hours in the FCC

Reference Center, and may also be purchased from the Commission's copy

contractor, International Transcription Service (ITS), (202) 857-3800

(phone), (202) 857-3805 (facsimile), 1231 20th Street, N.W.,

Washington, D.C. 20036.

Synopsis of Report and Order

I. Introduction

1. With this Report and Order, we extend first come/first served

processing to AM, NCE FM and FM translator minor change applications.

Furthermore, we expand the definition of ``minor change'' for these

services to conform more closely to the commercial FM definition. Under

these modified rules, non-expanded band AM, NCE FM and FM translator

licensees and permittees may propose frequency changes to adjacent

channels, and, in addition, FM translators may propose such changes to

intermediate frequencies (``IF''), by filing minor change applications.

Proposed changes in power, antenna height and/or antenna location for

stations in these services also are classified as minor changes,

provided that NCE FM and FM translator stations proposing antenna

location changes would continue to provide 1 mV/m service to some

portion of their authorized 1 mV/m service areas. In addition, AM

stations may propose changes in authorized hours of operation by filing

minor change applications. Proposed AM and NCE FM facility changes that

would result in station class changes are classified as minor changes

provided that they meet the standards. Amendments to applications also

will be classified as minor in accordance with these standards. The

measures that we are adopting make the commercial FM application

process simpler, faster and more efficient, without undermining the

administration of any Commission rule or policy. We anticipate that

they will prove to be similarly beneficial in the AM, NCE FM and FM

translator services, thereby encouraging potential applicants to file

for improved facilities and speeding the introduction of improved

services to the public.

II. Discussion

A. Extending First Come/First Served Processing to AM, NCE FM and FM

Translator Minor Change Applications; Revising the Definition of

``Minor'' Change in These Services

Continuity of Service Requirement

2. We believe it is necessary to impose a continuity of service

requirement on both NCE FM and FM translator stations proposing

facility modifications. Unlike commercial AM and FM stations, our rules

have not required NCE FM and FM translator stations to provide any

level of service to their communities of license. Our approach here

provides NCE FM and FM translator stations with maximum flexibility in

proposing facility changes, while preventing such stations from

completely abandoning their present service areas. We note that our

proposal in the 1998 Biennial Regulatory Review--Streamlining of Radio

Technical Rules in Parts 73 and 74 of the Commission's Rules, Notice of

Proposed Rule Making (``Notice'') to require NCE FM stations to

maintain 1 mV/m contours over at least a portion of their communities

of license would impose an additional restriction on NCE FM station

antenna location changes. As an interim measure until the Commission

acts on that proposal, we shall process proposed NCE FM antenna

location changes as minor changes only if the proposed changes do not

diminish the stations' present 1 mV/m service to their communities of

license.

AM and NCE FM Community of License Changes

3. We decline to adopt the suggestion of several commenters that we

treat community of license changes in the AM and NCE FM services as

minor changes. Unlike the proposed technical facility changes that we

are reclassifying as minor changes, proposed AM or NCE FM community of

license changes are not fundamentally technical in nature; rather, they

raise important statutory and policy issues under Section 307(b) of the

Communications Act, issues that require substantive legal analysis.

``Warehousing'' Concerns

4. With regard to the spectrum ``warehousing'' concerns expressed

by some commenters, we are not persuaded that additional safeguards are

necessary. Mechanisms for preventing abuse will continue to exist under

the new rules, in the form of careful staff review of applications, the

opportunity to file informal objections and seek reconsideration and

review of staff actions, and strict time limits on authorized

construction periods. In addition, the enhancements that an applicant

may request are necessarily limited by the operation of stations on

adjacent and co-channel frequencies in neighboring communities and the

applicant's city grade coverage requirements.

B. Agreements Involving Applications for Coordinated FM Station Changes

5. Section 73.3517 of the Commission's rules prohibits the filing

of contingent new station and modification applications in the

broadcast services. The Commission first announced this policy in a

1961 Public Notice and subsequently codified the restriction. It was

adopted to bring greater administrative orderliness to the broadcast

licensing process. The Commission found that it was frequently holding

applications in pending status that were contingent on the grant of

other applications involved in lengthy hearings. An application is

``contingent'' when it cannot be granted unless and until a second

application, also pending before the Commission, is granted. In the FM

service, Section 73.208 requires an applicant to protect all

outstanding construction permits and licenses. Thus, when an FM

application is contingent on the effectuation of a second station's

facility modification application, in most instances the first station

must wait for the grant of the second station's covering license

application before filing a construction permit application. This rule

effectively requires stations to undertake ``coordinated'' facility

improvements through a series of application and construction cycles, a

risky, lengthy and sometimes infeasible procedure, particularly where a

station downgrade or facility relocation is required to permit expanded

service by a second station.

6. Based on the record developed in this proceeding, we adopt rule

changes to permit applicants to file up to four related,

simultaneously-filed and cross-referenced minor change FM station

construction permit applications. We believe that it is prudent to

limit the scope of these new procedures, both to limit the potential

for significant service losses and/or disruptions and to ensure that

there is sufficient staff to complete review of interrelated proposals

expeditiously. Thus, we exclude major change applications. Proposals

may include one-step upgrade and downgrade applications. Applicants

will be required to submit a copy of the agreement to undertake the

coordinated facility changes with each application. Applications will

be processed together and, if grantable, will be granted

simultaneously. Granted applications will contain conditions, as

necessary, to prevent interference during the construction period

leading to full implementation of all related facility modifications.

If one or more applications is unacceptable, all related

[[Page 19500]]

applications will be dismissed. Thus, the staff will dismiss an

otherwise grantable non-contingent ``lead'' application if a related

contingent application is found to be unacceptable.

7. We believe a strict dismissal policy is warranted. The plain

quid pro quo for creating this greater technical flexibility for

broadcasters is that applicants bear sole responsibility for developing

proposals that fully comply with the Commission's rules. However, we

wish to correct a commenter's erroneous assumption that applicants

would be prohibited from filing curative amendments. Our current

commercial and NCE FM amendment procedures will apply to contingent

applications. The one processing policy change is that the staff will

dismiss all related applications if one application remains

unacceptable after the opportunity for filing curative amendments has

closed.

8. Finally, with regard to contingent NCE FM applications, we

permit proposals that include station cancellations except those that

would create gray or white areas, i.e., areas that receive service from

one or no NCE FM stations, respectively. Although we decline to

establish other full-time NCE FM service floor guidelines, any proposal

to cancel a community's sole NCE FM station license, i.e., its sole

transmission service, will be treated as prima facie inconsistent with

the public interest and must include a public interest justification.

We will consider a commenter's proposal to permit alternative signal

propagation methodologies to measure NCE FM service levels in a

subsequent order in this proceeding in connection with our evaluation

of the supplemental point-to-point (``PTP'') signal propagation model.

C. Procedural Matters

9. In order to ensure a smooth transition to the new procedures, we

wish to clarify our procedures for processing applications filed prior

to the effective date that are subject to this Order. First, with

regard to applications originally filed as minor changes, as of the

effective date they will be accorded cut-off protection based on their

actual filing dates, provided that they are not mutually exclusive with

any other applications filed prior to the effective date. Mutually

exclusive applications will be handled under our existing procedures.

Second, with regard to major change applications subject to

reclassification as minor changes, as of the effective date such

applications will be reclassified automatically as minor changes,

provided that: (1) They are not mutually exclusive with any other

applications filed prior to the effective date; and (2) no petition to

deny was filed against them in accordance with the requirements of

Section 309(d) of the Communications Act prior to the effective date.

Applications that fail to satisfy these two conditions will be handled

under our existing application processing procedures. AM and FM

translator applicants with major change applications on file that seek

waiver of the Commission's interim policy concerning processing of such

applications may request dismissal of their applications and resubmit

minor change applications as of the effective date of the Order.

Finally, applications pending as of the adoption date of the Order and

seeking waivers of section 73.3517 will be considered on a case-by-case

basis. Contingent applications filed between the adoption and effective

dates of the Order shall be returned.

III. Administrative Matters

10. The complete text of this Report and Order is available for

inspection and copying during normal business hours in the FCC

Reference Center, and may also be purchased from the Commission's copy

contractor, International Transcription Service (ITS), (202) 857-3800

(phone), (202) 857-3805 (facsimile), 1231 20th Street, N.W.,

Washington, D.C. 20036.

11. Paperwork Reduction Act of 1995 Analysis. The action contained

herein has been analyzed with respect to the Paperwork Reduction Act of

1995 and found to impose new or modified reporting and recordkeeping

requirements or burdens on the public. Implementation of these new or

modified reporting and recordkeeping requirements will be subject to

approval by the Office of Management and Budget as prescribed by the

Act. The new or modified paperwork requirements contained in this

Report and Order (which are subject to approval by the Office of

Management and Budget) will go into effect upon OMB approval.

Final Regulatory Flexibility Analysis (FRFA)

12. As required by the Regulatory Flexibility Act (``RFA''), 5

U.S.C 603, an Initial Regulatory Flexibility Analysis (``IRFA'') was

incorporated in the Notice of Proposed Rulemaking for the docket in

this proceeding. The Commission sought written public comments on the

proposals set forth in the Notice, including comment on the IRFA. The

Commission's Final Regulatory Flexibility Analysis (``FRFA'') in this

Report and Order conforms to the RFA.

Need For and Objectives of Action

13. Specifically, this Order (1) amends the Commission's rules to

extend first come/first served processing to applications for minor

changes to existing AM, NCE FM, and FM translator facilities; (2)

expands the definition of minor change in these services to conform

more closely to the commercial FM definition of ``minor change;'' and

(3) amends the contingent application rule to permit the filing of up

to four related and simultaneously-filed FM station construction permit

applications. By this Order, the Commission eliminates the present

inconsistent treatment of certain proposed facilities changes for AM,

NCE FM and FM translator services, and provides greater flexibility for

permittees and licensees to propose service improvements.

Significant Issues Raised by Public Comments in Response to the IRFAs

14. No comments were received specifically in response to the IRFA

in MM Docket No. 98-93. However, four commenters expressed concern

about an issue that may affect, but is not limited to, small business

issues. These commenters were concerned that the new procedures could

facilitate abuses by applicants resulting in the warehousing of

spectrum.

Description and Estimate of the Number of Small Entities to Which Rules

Will Apply

15. Under the RFA, small entities may include small organizations,

small businesses, and small governmental jurisdictions. 5 U.S.C.

601(6). The RFA, 5 U.S.C. 601(3), generally defines the term ``small

business'' as having the same meaning as the term ``small business

concern'' under the Small Business Act, 15 U.S.C. 632. A small business

concern is one which: (1) is independently owned and operated; (2) is

not dominant in its field of operation; and (3) satisfies any

additional criteria established by the Small Business Administration

(``SBA''). Pursuant to 5 U.S.C. 601(3), the statutory definition of a

small business applies ``unless an agency after consultation with the

Office of Advocacy of the SBA and after opportunity for public comment,

establishes one or more definitions of such term that are appropriate

to the activities of the agency and publishes such definition(s) in the

Federal Register. We received no comment in response to either IRFA on

how to define radio and television broadcast ``small businesses.''

Therefore, we will

[[Page 19501]]

continue to utilize SBA's definitions for the purpose of this FRFA.

16. The SBA defines a radio broadcasting station that has no more

than $5 million in annual receipts as a small business. A radio

broadcasting station is an establishment primarily engaged in

broadcasting aural programs by radio to the public. Included in this

industry are commercial religious, educational, and other radio

stations. Radio broadcasting stations that primarily are engaged in

radio broadcasting and that produce radio program materials are

similarly included. As of November 30, 1998, Commission records

indicate that 12,458 radio stations were operating, of which 11,960

were small businesses. The rules adopted herein are limited to AM, NCE

FM and FM translator facilities. Thus, the measures adopted here will

affect 9957 such entities, 9559 of which are considered small

businesses.

Description of Projected Reporting, Recordkeeping and Other Compliance

Requirements

17. The measures adopted in the Order are anticipated to reduce the

overall administrative burden of the Commission's application processes

on applicants and the Commission. Extending first come/first served

processing to AM, NCE FM and FM translator minor change applications

will eliminate the uncertainty, delay and expense associated with the

indefinite exposure to competing applications that occurs under the

current processing system. Expansion of the minor change definition in

these services to conform more closely to the commercial FM definition

will eliminate unnecessarily burdensome administrative procedures, as

well as minimizing the resources expended by applicants and the

Commission in resolving conflicts between minor change applications.

Permitting applications for coordinated FM station changes will

eliminate the need to undertake coordinated improvements through a

series of application and construction cycles, a risky, lengthy and

sometimes infeasible procedure. No additional professional services are

required by applicants filing minor change applications under these

revised processing rules. Further, the cost of compliance will not vary

between large and small entities.

Steps Taken to Minimize Significant Economic Impact on Small Entities,

and Significant Alternatives Considered

18. This Order sets forth the Commission's new streamlined

application processing changes that are intended to eliminate

unnecessary administrative burdens and shorten processing time frames

for certain applications. All significant alternatives presented in the

comments were considered. As noted in the Order, we extend the

application of first come/first served processing to AM, NCE FM, and FM

translator stations. These processing changes will remedy the

uncertainty and delay previously associated with AM, NCE FM and FM

translator minor change applications. We also expand the definition of

minor change for these services to conform more closely to the

commercial FM ``minor change'' definition. This change will eliminate

the inconsistent treatment of proposed facility increases for different

radio services without undermining the administration of any Commission

rule or policy. Finally, this Order adopts rule changes to permit

applicants to file up to four related, simultaneously-filed and cross-

referenced minor change construction permit applications. This change

will encourage licensees and permittees to propose service improvements

by making the process more efficient.

Report to Congress

19. The Commission will send a copy of the 1998 Biennial Regulatory

Review--Streamlining of Radio Technical Rules in Parts 73 and 74 of the

Commission's Rules, including this FRFA, in a report to be sent to

Congress pursuant to the Small Business Regulatory Enforcement Fairness

Act of 1996. See 5 U.S.C. 801(a)(1)(A). In addition, the Commission

will send a copy of this Order, including this FRFA, to the Chief

Counsel for Advocacy of the Small Business Administration. A copy of

the Order, including this FRFA, (or summaries thereof) will also be

published in the Federal Register. See 5 U.S.C. 604(b). In addition,

the Commission's Office of Public Affairs, Reference Operations

Division, shall send a copy of this Order, including FRFA, to the Chief

Counsel for Advocacy of the Small Business Administration.

20. Authority for issuance of the Report and Order is contained in

sections 4, 301, 303, 307, 308 and 309 of the Communications Act of

1934, as amended, 47 U.S.C 154, 301, 303, 307, 308 and 309. Sections

73.3517, 73.3571, 73.3573 and 74.1233.

21. It is ordered that the proceeding in MM Docket 98-93 is

terminated.

List of Subjects in 47 CFR Parts 73 and 74

Auxiliary broadcasting, Radio broadcasting.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

Parts 73 and 74 of Chapter 1 of Title 47 of the Code of Federal

Regulations are amended as follows:

PART 73--RADIO BROADCAST SERVICES

1. The authority citation for Part 73 continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

2. Section 73.3517 is amended by adding paragraph (e) to read as

follows:

Sec. 73.3517 Contingent applications.

* * * * *

(e) The Commission will accept up to four contingently related

applications filed by FM licensees and/or permittees for minor

modification of facilities. Two applications are related if the grant

of one is necessary to permit the grant of the second application. Each

application must state that it is filed as part of a related group of

applications to make changes in facilities, must cross-reference each

of the related applications, and must include a copy of the agreement

to undertake the coordinated facility modifications. All applications

must be filed on the same date. Any coordinated facility modification

filing that proposes the cancellation of a community's sole

noncommercial educational FM station license also must include a public

interest justification. Dismissal of any one of the related

applications as unacceptable will result in the dismissal of all the

related applications.

3. Section 73.3571 is amended by revising paragraphs (a)(1) and (f)

to read as follows:

Sec. 73.3571 Processing of AM broadcast station applications.

(a) * * *

(1) In the first group are applications for new stations or for

major changes in the facilities of authorized stations. A major change

for an AM station authorized under this part is any change in community

of license or in frequency, except frequency changes to non-expanded

band first, second or third adjacent channels. A major change in

ownership is a situation where the original party or parties to the

application do not retain more than

[[Page 19502]]

50% ownership interest in the application as originally filed. All

other changes will be considered minor.

* * * * *

(f) Applications for minor modifications for AM broadcast stations,

as defined in paragraph (a)(2) of this section, may be filed at any

time, unless restricted by the FCC, and will be processed on a ``first

come/first served'' basis, with the first acceptable application

cutting off the filing rights of subsequent, conflicting applicants.

The FCC will periodically release a Public Notice listing those

applications accepted for filing. Applications received on the same day

will be treated as simultaneously filed and, if they are found to be

mutually exclusive, must be resolved through settlement or technical

amendment. Conflicting applications received after the filing of a

first acceptable application will be grouped, according to filing date,

behind the lead application in a queue. The priority rights of the lead

applicant, against all other applicants, are determined by the date of

filing, but the filing date for subsequent, conflicting applicants only

reserves a place in the queue. The rights of an applicant in a queue

ripen only upon a final determination that the lead applicant is

unacceptable and if the queue member is reached and found acceptable.

The queue will remain behind the lead applicant until a construction

permit is finally granted, at which time the queue dissolves.

* * * * *

4. Section 73.3573 is amended by revising paragraphs (a)(1) and (e)

to read as follows:

Sec. 73.3573 Processing FM broadcast station applications.

(a) * * *

(1) In the first group are applications for new stations or for

major changes in the facilities of authorized stations. A major change

for an FM station authorized under this part is any change in frequency

or community of license which is in accord with a present allotment

contained in the Table of Allotments (Sec. 73.202(b)) of this part. A

licensee or permittee may seek the higher or lower class adjacent

channel, intermediate frequency or co-channel or the same class

adjacent channel of its existing FM broadcast station authorization by

filing a minor change application. Other requests for change in

frequency or community of license for FM stations must first be

submitted in the form of a petition for rule making to amend the Table

of Allotments. Long-form applications submitted pursuant to

Sec. 73.5005 of this part for a new FM broadcast service may propose a

higher or lower class adjacent channel, intermediate frequency or co-

channel. For reserved frequency noncommercial educational and Class D

FM stations, a major change is any change in community of license, any

change in frequency except changes to first, second or third adjacent

channels, and any change in antenna location where the station would

not continue to provide 1 mV/m service to some portion of its

previously authorized 1 mV/m service area. A major change in ownership

is a situation where the original party or parties to the application

do not retain more than 50% ownership interest in the application as

originally filed.

* * * * *

(e) Applications for new reserved frequency noncommercial

educational FM stations and for major modifications in the facilities

of authorized reserved frequency noncommercial educational and Class D

FM broadcast stations will be processed as nearly as possible in the

order in which they are filed. Such applications will be placed in the

processing line in numerical sequence, and will be drawn by the staff

for study, the lowest file number first. In order that those

applications which are entitled to be grouped for processing may be

fixed prior to the time processing of the earliest filed application is

begun, the FCC will periodically release a Public Notice listing

applications which have been accepted for filing and announcing a date

(not less than 30 days after publication) on which the listed

applications will be considered available and ready for processing and

by which all mutually exclusive applications and/or petitions to deny

the listed applications must be filed. Applications for minor

modifications for reserved frequency noncommercial educational and

Class D FM broadcast stations, as defined in paragraph (a)(2) of this

section, may be filed at any time, unless restricted by the FCC, and

will be processed on a ``first come/first served'' basis, with the

first acceptable application cutting off the filing rights of

subsequent, competing applicants. The FCC will periodically release a

Public Notice listing those applications accepted for filing.

Conflicting applications received on the same day will be treated as

simultaneously filed and mutually exclusive. Conflicting applications

received after the filing of a first acceptable application will be

grouped, according to filing date, behind the lead application in a

queue. The priority rights of the lead applicant, against all other

applicants, are determined by the date of filing, but the filing date

for subsequent, conflicting applicants only reserves a place in the

queue. The rights of an applicant in a queue ripen only upon a final

determination that the lead applicant is unacceptable and if the queue

member is reached and found acceptable. The queue will remain behind

the lead applicant until a construction permit is finally granted, at

which time the queue dissolves.

* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER

PROGRAM DISTRIBUTION SERVICES

5. The authority citation for Part 74 continues to read as follows:

Authority: 47 U.S.C. 154, 303, 307 and 554.

6. Section 74.1233 is amended by revising paragraphs (a)(1), (b)

and (d)(1) to read as follows:

Sec. 74.1233 Processing FM translator and booster station

applications.

(a) * * *

(1) In the first group are applications for new stations or for

major changes in the facilities of authorized stations. For FM

translator stations, a major change is any change in frequency (output

channel) except changes to first, second or third adjacent channels, or

intermediate frequency channels, and any change in antenna location

where the station would not continue to provide 1 mV/m service to some

portion of its previously authorized 1 mV/m service area. All other

changes will be considered minor. All major changes are subject to the

provisions of Secs. 73.3580 and 1.1104 of this chapter pertaining to

major changes.

* * * * *

(b) Processing booster and reserved band FM translator

applications.

(1) Applications for minor modifications for reserved band FM

translator stations, as defined in paragraph (a)(2) of this section,

may be filed at any time, unless restricted by the FCC, and will be

processed on a ``first come/first served'' basis, with the first

acceptable application cutting off the filing rights of subsequent,

conflicting applicants. The FCC will periodically release a Public

Notice listing those applications accepted for filing. Conflicting

applications received on the same day will be treated as simultaneously

filed and mutually exclusive. Conflicting applications received after

the filing of a first acceptable application will be grouped, according

to filing date, behind the lead

[[Page 19503]]

application in a queue. The priority rights of the lead applicant,

against all other applicants, are determined by the date of filing, but

the filing date for subsequent, conflicting applicants only reserves a

place in the queue. The rights of an applicant in a queue ripen only

upon a final determination that the lead applicant is unacceptable and

if the queue member is reached and found acceptable. The queue will

remain behind the lead applicant until a construction permit is finally

granted, at which time the queue dissolves.

(2) All other applications for booster stations and reserved band

FM translator stations will be processed as nearly as possible in the

order in which they are filed. Such applications will be placed in the

processing line in numerical sequence, and will be drawn by the staff

for study, the lowest file number first. In order that those

applications which are entitled to be grouped for processing may be

fixed prior to the time processing of the earliest filed application is

begun, the FCC will periodically release a Public Notice listing

reserved band applications that have been accepted for filing and

announcing a date (not less than 30 days after publication) on which

the listed applications will be considered available and ready for

processing and by which all mutually exclusive applications and/or

petitions to deny the listed applications must be filed.

* * * * *

(d) * * *

(1) Applications for minor modifications for non-reserved band FM

translator stations, as defined in paragraph (a)(2) of this section,

may be filed at any time, unless restricted by the FCC, and will be

processed on a ``first come/first served'' basis, with the first

acceptable application cutting off the filing rights of subsequent,

conflicting applicants. The FCC will periodically release a Public

Notice listing those applications accepted for filing. Applications

received on the same day will be treated as simultaneously filed and,

if they are found to be mutually exclusive, must be resolved through

settlement or technical amendment. Conflicting applications received

after the filing of a first acceptable application will be grouped,

according to filing date, behind the lead application in a queue. The

priority rights of the lead applicant, against all other applicants,

are determined by the date of filing, but the filing date for

subsequent, conflicting applicants only reserves a place in the queue.

The rights of an applicant in a queue ripen only upon a final

determination that the lead applicant is unacceptable and if the queue

member is reached and found acceptable. The queue will remain behind

the lead applicant until a construction permit is finally granted, at

which time the queue dissolves.

* * * * *

[FR Doc. 99-9951 Filed 4-20-99; 8:45 am]

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