Sec.  73.3519   Repetitious applications.

   (a) Where the FCC has denied an application for a new station or for any
   modification of services or facilities, or dismissed such application with
   prejudice,  no like application involving service of the same kind for
   substantially the same area by substantially the same applicant, or his
   successor or assignee, or on behalf or for the benefit of the original
   parties in interest, may be filed within 12 months from the effective date
   of the FCC's action. However, applicants whose applications have been denied
   in  a  comparative hearing may apply immediately for another available
   facility.

   (b) Where an appeal has been taken from the action of the FCC in denying a
   particular application, another application for the same class of broadcast
   station  and for the same area, in whole or in part, filed by the same
   applicant, or his successor or assignee, or on behalf of, or for the benefit
   of the original parties in interest, will not be considered until final
   disposition of such appeal.

   [ 44 FR 38488 , July 2, 1979]