Goto Section: 73.3591 | 73.3593 | Table of Contents
FCC 73.3592
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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that such grant is subject to being withdrawn if, at the hearing, it is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]
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Goto Section: 73.3591 | 73.3593
Goto Year: 2014 |
2016
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