Sec.  21.28   Dismissal and return of applications.

   

   (a) Except as provided under paragraph (c) of this section and under
   Sec. 21.29, any application may be dismissed without prejudice as a matter
   of right if the applicant requests its dismissal prior to designation
   for hearing or prior to selection of the comparative evaluation
   procedure of Sec. 21.35. An applicant's request for return of its
   application after it has been accepted for filing will be considered
   to be a request for dismissal without prejudice. Requests for
   dismissal shall comply with the provisions of Sec. 21.29 as appropriate.

   (b) A request to dismiss an application without prejudice will be
   considered after designation for hearing, after selection of the
   comparative evaluation procedure of Sec. 21.35, or after selection as a
   tentative selectee in a random selection proceeding, only if:

   (1) A written petition is submitted to the Commission and, in the case
   of applications designated for hearing or comparative evaluation, is
   properly served upon all parties of record;

   (2) The petition is submitted before the issuance date of a public
   notice of Commission action denying the application; and

   (3) The petition complies with the provisions of Sec. 21.29 (whenever
   applicable) and demonstrates good cause.

   (c) Except as provided under Sec. 21.29, an application designated for
   inclusion in the random selection process may be dismissed without
   prejudice as a matter of right if the applicant requests its dismissal
   at least 2 days prior to a random selection proceeding. An applicant's
   request for return of its application after it has been accepted for
   filing will be considered to be a request for dismissal without
   prejudice. Requests for dismissal shall comply with the provisions of
   Sec. 21.29 as appropriate.

   (d) 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 will be without prejudice prior to designation
   for hearing, selection of the comparative evaluation procedure of
   Sec. 21.35, or tentative selection by the random selection process, but
   may be with prejudice for unsatisfactory compliance with Sec. 21.29, or
   after designation for hearing, selection of the comparative evaluation
   process, or selection as a tentative selectee in a random selection
   proceeding.

   (e) The Commission will dismiss an application filed by a cable
   television company which fails to comply with the provisions of
   Sec. 21.912 of this part.

   (f) A Multipoint Distribution Service application will be dismissed if
   the applicant seeks to change ownership or control, except in the case
   of a pro forma change of ownership or control (bankruptcy, death, or
   legal disability).

   [ 44 FR 60534 , Oct. 19, 1979, as amended at  50 FR 5993 , Feb. 13, 1985;
    55 FR 46009 , Oct. 31, 1990;  58 FR 11797 , Mar. 1, 1993]