§ 73.3603   Special waiver procedure relative to applications.

   (a) In the case of any broadcast applications designated for hearing,
   the parties may request the FCC to grant or deny an application upon
   the basis of the information contained in the applications and other
   papers specified in paragraph (b) of this section without the
   presentation of oral testimony. Any party desiring to follow this
   procedure should execute and file with the FCC a waiver in accordance
   with paragraph (e) of this section, and serve copies on all other
   parties, or a joint waiver may be filed by all the parties. Upon the
   receipt of waivers from all parties to a proceeding, the FCC will
   decide whether the case is an appropriate one for determination without
   the presentation of oral testimony. If it is determined by the FCC
   that, notwithstanding the waivers, the presentation of oral testimony
   is necessary, the parties will be so notified and the case will be
   retained on the hearing docket. If the FCC concludes that the case can
   appropriately be decided without the presentation of oral testimony,
   the record will be considered as closed as of the date the waivers of
   all the parties were first on file with the FCC.

   (b) In all cases considered in accordance with this procedure, the FCC
   will decide the case on the basis of the information contained in the
   applications and in any other papers pertaining to the applicants or
   applications which are open to public inspection and which were on file
   with the FCC when the record was closed. The FCC may call upon any
   party to furnish any additional information which the FCC deems
   necessary to a proper decision. Such information shall be served upon
   all parties. The waiver previously executed by the parties shall be
   considered in effect unless within 10 days of the service of such
   information the waiver is withdrawn.

   (c) Any decision by the FCC rendered pursuant to this section will be
   in the nature of a final decision, unless otherwise ordered by the FCC.

   (d) By agreeing to the waiver procedure prescribed in this section, no
   party shall be deemed to waive the right to petition for
   reconsideration or rehearing, or to appeal to the courts from any
   adverse final decision of the FCC.

   (e) The waiver provided for by this section shall be in the following
   form:

Waiver

     * Name of applicant
     * Call letters
     * Docket No.

   The undersigned hereby requests the FCC to consider its application and
   grant or deny it in accordance with the procedure prescribed in
   § 73.3603 of the FCC's rules and regulations. It is understood that all
   the terms and provisions of ____ are incorporated in this waiver.

   [ 44 FR 38511 , July 2, 1979]

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