§ 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
   payments.

   (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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