§  73.3605   Retention of applications in hearing status after designation
for hearing.

   (a) After an application for a broadcast facility is designated for
   hearing, it will be retained in hearing status upon the dismissal or
   amendment and removal from hearing of any other application or
   applications with which it has been consolidated for hearing.

   (b) Where any applicants for a broadcast facility file a request
   pursuant to §  73.3525(a) for approval of an agreement to remove a
   conflict between their applications, the applications will be retained
   in hearing status pending such proceedings on the joint request as may
   be ordered and such action thereon as may be taken.

   (1) If further hearing is not required on issues other than those
   arising out of the agreement, the proceeding shall be terminated and
   appropriate disposition shall be made of the applications.

   (2) Where further hearing is required on issues unrelated to the
   agreement, the presiding officer shall continue to conduct the hearing
   on such other issues pending final action on the agreement, but the
   record in the proceeding shall not be closed until such final action on
   the agreement has been taken.

   (3) In any case where a conflict between applications will be removed
   by an agreement for an engineering amendment to an application, the
   amended application shall be removed from hearing status upon final
   approval of the agreement and acceptance of the amendment.

   (c) An application for a broadcast facility which has been designated
   for hearing and which is amended so as to eliminate the need for
   hearing or further hearing on the issues specified, other than as
   provided for in paragraph (b) of this section, will be removed from
   hearing status.

   [ 44 FR 38511 , July 2, 1979]

   return arrow Back to Top