§ 73.3603   Special waiver procedure relative to applications.

   (a) In the case of any broadcast applications designated for hearing, the
   parties may request the FCC to grant or deny an application upon the basis
   of the information contained in the applications and other papers specified
   in paragraph (b) of this section without the presentation of oral testimony.
   Any party desiring to follow this procedure should execute and file with the
   FCC a waiver in accordance with paragraph (e) of this section, and serve
   copies on all other parties, or a joint waiver may be filed by all the
   parties. Upon the receipt of waivers from all parties to a proceeding, the
   FCC will decide whether the case is an appropriate one for determination
   without the presentation of oral testimony. If it is determined by the FCC
   that, notwithstanding the waivers, the presentation of oral testimony is
   necessary, the parties will be so notified and the case will be retained on
   the hearing docket. If the FCC concludes that the case can appropriately be
   decided without the presentation of oral testimony, the record will be
   considered as closed as of the date the waivers of all the parties were
   first on file with the FCC.

   (b) In all cases considered in accordance with this procedure, the FCC will
   decide  the  case  on  the  basis  of the information contained in the
   applications  and  in any other papers pertaining to the applicants or
   applications which are open to public inspection and which were on file with
   the FCC when the record was closed. The FCC may call upon any party to
   furnish any additional information which the FCC deems necessary to a proper
   decision. Such information shall be served upon all parties. The waiver
   previously executed by the parties shall be considered in effect unless
   within 10 days of the service of such information the waiver is withdrawn.

   (c) Any decision by the FCC rendered pursuant to this section will be in the
   nature of a final decision, unless otherwise ordered by the FCC.

   (d) By agreeing to the waiver procedure prescribed in this section, no party
   shall  be deemed to waive the right to petition for reconsideration or
   rehearing, or to appeal to the courts from any adverse final decision of the
   FCC.

   (e) The waiver provided for by this section shall be in the following form:

Waiver

     * Name of applicant
     * Call letters
     * Docket No.

   The undersigned hereby requests the FCC to consider its application and
   grant or deny it in accordance with the procedure prescribed in § 73.3603 of
   the FCC's rules and regulations. It is understood that all the terms and
   provisions of ____ are incorporated in this waiver.

   [ 44 FR 38511 , July 2, 1979]

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