Sec. 24.428  Dismissal and return of applications.

    (a) Except as provided under Sec. 24.429, any application may be 
dismissed without prejudice as a matter of right if the applicant 
requests its dismissal prior to designation for hearing or, in the case 
of applications filed on Forms 175 and 175-S, prior to auction. An 
applicant's request for the return of his application after it has been 
accepted for filing will be considered to be a request for dismissal 
without prejudice. Applicants requesting dismissal of their applications 
are also subject to 47 CFR 1.2104. Requests for dismissal shall comply 
with the provisions of Sec. 24.429 as appropriate.
    (b) A request to dismiss an application without prejudice will be 
considered after designation for hearing only if:
    (1) A written petition is submitted to the Commission and is 
properlyserved upon all parties of record, and
    (2) The petition complies with the provisions of Sec. 24.429 
(whenever applicable) and demonstrates good cause.
    (c) The Commission will dismiss an application for failure to 
prosecute or for failure to respond substantially within a specified 
time period to official correspondence or requests for additional 
information. Dismissal shall be without prejudice if made prior to 
designation for hearing or prior to auction, but dismissal may be made 
with prejudice for unsatisfactory compliance with Sec. 24.429 or after 
designation for hearing or after the applicant is notified that it is 
the winning bidder under the auction process.