---
kind: "section"
citation: "47 C.F.R. § 25.112"
title: "47"
number: "25.112"
heading: "Dismissal and return of applications."
url: "https://uscodex.org/cfr/47/25.112"
---

# §25.112. Dismissal and return of applications.

- (a) An application will be unacceptable for filing and will be returned to the applicant with a brief statement identifying the omissions or discrepancies if:
  - (1) The application is defective with respect to completeness of answers to questions, informational showings, internal inconsistencies, execution, or other matters of a formal character; or
  - (2) The application does not substantially comply with the Commission's rules, regulations, specific requests for additional information, or other requirements.
  - (3) [Reserved]
  - (4) The application is identical to a pending application that was timely filed pursuant to [§ 25.157](/cfr/47/25.157.md) or [§ 25.158](/cfr/47/25.158.md).
- (b) Applications for space station authority found defective under [paragraph (a)(4)](#a-4) of this section will not be considered. Applications for authority found defective under paragraph [(a)(1)](#a-1) or [(2)](#a-2) of this section may be accepted for filing if:
  - (1) The application is accompanied by a request which sets forth the reasons in support of a waiver of (or an exception to), in whole or in part, any specific rule, regulation, or requirement with which the application is in conflict;
  - (2) The Commission, upon its own motion, waives (or allows an exception to), in whole or in part, any rule, regulation or requirement.
- (c) The Commission will dismiss an application for failure to prosecute or for failure to respond substantially within a specified time period to official correspondence or requests for additional information. Dismissal will be without prejudice unless the application is mutually exclusive pursuant to [§ 25.155](/cfr/47/25.155.md), in which case it will be dismissed with prejudice.
- (d) An application will be dismissed without prejudice as a matter of right if the applicant requests its dismissal prior to final Commission action.

## Notes

### Amendments

[56 FR 24016, May 28, 1991, as amended at 68 FR 51502, Aug. 27, 2003; 79 FR 8314, Feb. 12, 2014; 81 FR 55326, Aug. 18, 2016; 85 FR 43733, July 20, 2020; 88 FR 84753, Dec. 6, 2023]

### Source

Source: 56 FR 24016, May 28, 1991, unless otherwise noted.

### Authority

Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 332, 605, and 721, unless otherwise noted.

### Amendments

[56 FR 24016, May 28, 1991, as amended at 68 FR 51502, Aug. 27, 2003; 79 FR 8314, Feb. 12, 2014; 81 FR 55326, Aug. 18, 2016; 85 FR 43733, July 20, 2020; 88 FR 84753, Dec. 6, 2023]