FCC 73.3568 Revised as of December 4, 2012
Goto Year:2011 |
§ 73.3568 Dismissal of applications.
(a) (1) Failure to prosecute an application, or failure to respond to
official correspondence or request for additional information, will be
cause for dismissal.
(2) Applicants in all broadcast services subject to competitive bidding
will be subject to the provisions of § § 73.5002 and 1.2105(b) regarding
the dismissal of their short-form applications.
(3) Applicants in all broadcast services subject to competitive bidding
will be subject to the provisions of § § 73.5004, 73.5005 and 1.2104(g)
regarding the dismissal of their long-form applications and the
imposition of applicable withdrawal, default and disqualification
(b)(1) Subject to the provisions of § 73.3525, dismissal of
applications for channels reserved for noncommercial educational use
will be without prejudice where an application has not yet been
designated for hearing, but may be made with prejudice after
designation for hearing.
(2) Subject to the provisions of § 73.3525, requests to dismiss an
application for a channel reserved for noncommercial educational use,
without prejudice, after it has been designated for hearing, will be
considered only upon written petition properly served upon all parties
of record. Such requests shall be granted only upon a showing that the
request is based on circumstances wholly beyond the applicant's control
which preclude further prosecution of his application.
(c) Subject to the provisions of § § 73.3523 and 73.3525, any
application for minor modification of facilities may, upon request of
the applicant, be dismissed without prejudice as a matter of right.
(d) An applicant's request for the return of an application that has
been accepted for filing will be regarded as a request for dismissal.
[ 63 FR 48624 , Sept. 11, 1998]
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