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FAQ: Unified Dismissal Policy
When did the Wireless Telecommunications Bureau's (WTB's) Unified Dismissal/Return policy become effective? The Wireless Telecommunications Bureau's (WTB's) Unified Dismissal/Return policy became effective on May 1, 1999. On February 24, 1999, WTB released a Public Notice (DA 99-385) that established a new, unified policy for dismissing and returning applications and pleadings that are filed with WTB. The goals of this policy are to promote
NOTE: This policy affects applications and pleadings filed on or after May 1, 1999. It does not affect pending applications filed prior to May 1, 1999. Why is there only a file number on dismissal letters? Dismissal letters are automatically generated through the ULS and have been programmed to pull limited pieces of information from the applications. This is something the ULS Task Force can address as a future enhancement. The FCC dismissed my renewal application because of "untimely filing." Why? We dismissed your application because you filed too soon. You may submit your renewal application 90 days prior to expiration or later only. Am I still required to use microfiche? No. The FCC's microfiche requirement was eliminated by the ULS Report and Order, which became effective on February 12, 1999. This order applies regardless of whether you file electronically or manually and regardless of whether your radio service has been converted to ULS. If Canada rejects my application that requires coordination, then will the FCC dismiss it also? No. Our procedure with respect to Canada coordination will remain unchanged. We will coordinate the initial application and, if Canada rejects it, allow you to file technical amendments to avoid interference and, as a last resort, perform on-air tests. No. If service is not converted to ULS, you would still file Form 600. There is a six (6) month transition phase in which newly converted services may use pre-ULS forms. I have filed an application manually, but I know that I made a mistake. I am sure that my application is in jeopardy under the dismissal policy. Can I amend my application to correct the mistake before the FCC dismisses my application? You do have the right to amend your application (in accordance with 47 CFR § 1.927) before the FCC takes any action of dismissal. In regard to manually filed applications, however, your amendment might not reach the FCC before dismissal. In this instance, you can file a Petition for Reconsideration of this dismissal. We do urge you to review your application(s) carefully before filing them with the FCC to avoid this kind of problem. In regard to electronically filed applications, ULS will identify most mistakes interactively, which will allow you to make corrections online and to eliminate the need for such amendments. Moreover, as long as the FCC has not yet taken an action of dismissal, you can file an amendment via ULS and correct the mistake. I have experienced trouble with electronically filed applications: ULS is sometimes unable to convert larger and more complex exhibits, such as ownership charts or frequency tables, to PDF format. If I file an exhibit but it does not convert to PDF properly, then will the FCC dismiss my application? Or will ULS provide me with additional opportunities to upload the attachment? No. We will not dismiss your application. If indeed you upload an attachment but it does not properly convert to PDF format, then a member of our Technical Support staff will phone or email you (or the point of contact person listed on the application) and work with you to upload another copy successfully. What is a "qualified radio engineer"? I use engineers frequently, and many of my clients have in-house engineers or licensing managers. Often, I submit engineering studies from these people. Is the Professional Engineering (PE) designation sufficient? What about in-house technical specialists who are familiar with the rules, or people holding BS degrees in engineering? Also, many Part 90-interference issues are governed by fixed separation criteria or sliding-scale separation tables that can be interpreted by non-engineers (such as co-channel separation at 90.621). Is it okay for non-engineers to interpret this information? You must establish the qualifications of any person who provides expert technical advice, and the FCC will then review these qualifications on a case-by-case basis. For example, a radio engineer with PE certification is qualified to provide expert technical advice, whereas non-engineers are usually not qualified to serve as a qualified radio engineer. I am a frequency coordinator. Am I permitted to provide Conditional Temporary Authority (CTA) while an application is pending once I submit the application to the FCC electronically? Yes. In the event that we dismiss your application (whether filed electronically or manually), the temporary authority is rescinded by the rules (i.e., an application must be pending, not dismissed to retain temporary authority). Which applications will the FCC continue to return with the 60-day response requirement? Anytime that the FCC requires clarification, we will return the application to you and ask for an amendment within 60 days. In the past, APCO has found that FCC examiners would return an application once they came across one problem with the application. After APCO addressed that problem and resubmitted it to the FCC, there have been many occasions where examiners would continue to screen the application and return it for another matter. Verify that when the FCC dismisses/returns an application that all issues requiring attention (e.g., errors, omissions, and support documentation) on the application is noted to avoid unnecessary delays in processing. With respect to non-ULS processing of applications, we will continue to review applications as completely as possible prior to dismissal/return to minimize the number of times that you must submit an application for processing. ULS, however, does not currently undertake a complete review if certain crucial errors are present (e.g., no signature, no fee for a manually filed application, incorrect call signs, missing TIN information). For minor mistakes, will the FCC contact frequency coordinators via email, phone, or fax to allow the coordinators a specific amount of time to respond to the mistakes? No. The FCC cannot contact frequency coordinators via email for "minor errors," such as typos in site coordinates, zip codes, etc. Doing so would limit our ability to process the majority of correctly filed applications in a timely manner. If my application appears on Public Notice as initially accepted for filing, can the FCC still dismiss it under the new, unified policy? Yes. In regard to applications that we currently process under ULS, some errors will not be identified until after your application is placed on Public Notice. Because a majority of applications filed with the FCC are indeed acceptable, we do not delay applications from appearing on Public Notice until we have made all "checks." For example, if you file electronically via ULS, the system will "check" your answers online and prevent you from submitting an application that has format errors. Once submitted, ULS does other automated checks overnight that could result in dismissal. Furthermore, your application could be dismissed if fees are not filed within ten (10) days or if the staff members determine that an uploaded attachment is missing. Therefore, an application could be dismissed at different stages in our process, depending on the type of error. If your application is dismissed, ULS will show its status online (use the Application Search to determine the status of your application). In addition, the application will appear on the following Wednesday's ULS Weekly Public Notice. If I file an application whose purpose is "Renewal/Modification" ("RM") and the application is defective with respect to the modification requested (but not necessarily the renewal modification), then is the entire application dismissed? Yes. ULS gives you the flexibility to request multiple actions at once or to request them one at a time; however, it will not consider a multiple-action filing as separate applications. If one part of this filing contains errors, then the entire application will be dismissed. If ULS dismisses or returns an application, then who receives notification of this action? In regard to Aircraft and GMRS, dismissal and return letters are sent to you, the applicant. In regard to all other services that are processed by ULS, dismissal and return letters are sent both to you (the applicant) and the point of contact, if one is specified on the application. I filed Form 606 manually to register my Taxpayer Identification Number (TIN), but I have not yet received a password to use when filing electronically via ULS. How can I obtain a password? You should contact our Technical Support staff to obtain your password. Am I required to submit technical data (e.g., power, antenna height) when requesting a transfer of control or assignment of license? No. I understand that if I submit an application where the technical data that I provide does not match the FCC's database, then my application may be dismissed. How can I obtain accurate information about the contents of the FCC's databases prior to filing to eliminate discrepancies and to minimize the possibility of dismissal? For licenses that have been converted to ULS, you may file online (where existing license data is pre-filled for you) or use the ULS License Search to review license parameters. For licenses that have not yet been converted to ULS, you may download the appropriate database from our website at http://www.fcc.gov/wtb/databases.html or use the FCC general menu (GENMEN) search engine at http://gullfoss.fcc.gov:8080/cgi-bin/ws.exe/beta/genmen/index.htm. A frequency coordinator (or an attorney) has filed an application on my behalf. If either of these individuals has made a mistake on my application (e.g., if she has left out a schedule or data that I have provided her), then will my application be dismissed? Yes. There is no way for the FCC to discern who is responsible for the mistake that causes dismissal. You must be careful to choose a representative who is knowledgeable about ULS and all transition policies. In the event that a coordinator (or an attorney) makes a mistake on your application that causes your application to be dismissed, you should require the coordinator (or the attorney) to correct the problem. If I file an application that involves a particular antenna structure but the coordinates and height of this particular structure do not match the Antenna Structure Registration (ASR) database, then will my application be dismissed? The FCC may dismiss any application where registration is required and
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Disclaimer: The Federal Communications Commission makes available this remote software. The Commission makes no warranty whatsoever with respect to the software. In no event shall the Commission, or any of its officers, employees, or agents, be liable for any damages whatsoever (including, but not limited to, loss of business profits, business interruption, loss of business information, or any other loss) arising out of or relating to the existence, furnishing, functioning or use of the software. Last Updated: July 09, 2001 |
