Sec. 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express condition that such grant is subject to being withdrawn if, at 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

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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]