§ 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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