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   that such grant is subject to being withdrawn if, at the hearing, it is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 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]