Goto Section: 73.3591 | 73.3593 | Table of Contents
FCC 73.3592
Revised as of October 1, 2010
Goto Year:2009 |
2011
§ 73.3592 Conditional grant.
(a) Where a grant of an application would preclude the grant of any
application or applications mutually exclusive with it, the FCC may, if
the public interest will be served thereby, make a conditional grant of
one of the applications and designate all of the mutually exclusive
applications for hearing. Such conditional grant will be made upon the
express condition that such grant is subject to being withdrawn if, at
the hearing, it is shown that public interest will be better served by
a grant of one of the other applications. Such conditional grants will
be issued only where it appears:
(1) That some or all of the applications were not filed in good faith
but were filed for the purpose of delaying or hindering the grant of
another application; or
(2) That public interest requires the prompt establishment of broadcast
service in a particular community or area; or
(3) That a grant of one or more applications would be in the public
interest, and that a delay in making a grant to any applicant until
after the conclusion of a hearing on all applications might jeopardize
the rights of the United States under the provisions of international
agreement to the use of the frequency in question; or
(4) That a grant of one application would be in the public interest,
and that it appears from an examination of the remaining applications
that they cannot be granted because they are in violation of provisions
of the Communications Act, other statutes, or the provisions of the FCC
rules.
(b) When two or more applications for the same AM, FM or TV assignment
have been designated for hearing, the FCC may, if the public interest
will be served thereby, make a conditional grant to a group composed of
any two or more of the competing applicants, such grant to terminate
when the successful applicant commences operation under the terms of a
regular authorization. No conditional grant will be made unless all of
the competing applicants have been afforded a reasonable opportunity to
participate in the group seeking the conditional grant. In its
application, the group shall include a special showing as to the need
for the service pending operation by the successful applicant under the
terms of a regular authorization; the effect, if any, of a grant on the
position of any applicant which is not a member of the group; and any
other factors which are deemed pertinent to the public interest
judgment.
[ 44 FR 38507 , July 2, 1979]
Goto Section: 73.3591 | 73.3593
Goto Year: 2009 |
2011
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