§  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   express condition that such grant is subject to being withdrawn if, at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]