Sec. 21.28  Dismissal and return of applications.

    (a) Except as provided under paragraph (c) of this section and under 
Sec. 21.29, any application may be dismissed without prejudice as a 
matter of right if the applicant requests its dismissal prior to 
designation for hearing or prior to selection of the comparative 
evaluation procedure of Sec. 21.35. An applicant's request for return of 
its application after it has been accepted for filing will be considered 
to be a request for dismissal without prejudice. Requests for dismissal 
shall comply with the provisions of Sec. 21.29 as appropriate.
    (b) A request to dismiss an application without prejudice will be 
considered after designation for hearing, after selection of the 
comparative evaluation procedure of Sec. 21.35, or after selection as a 
tentative selectee in a random selection proceeding, only if:
    (1) A written petition is submitted to the Commission and, in the 
case of applications designated for hearing or comparative evaluation, 
is properly served upon all parties of record;
    (2) The petition is submitted before the issuance date of a public 
notice of Commission action denying the application; and
    (3) The petition complies with the provisions of Sec. 21.29 
(whenever applicable) and demonstrates good cause.
    (c) Except as provided under Sec. 21.29, an application designated 
for inclusion in the random selection process may be dismissed without 
prejudice as a matter of right if the applicant requests its dismissal 
at least 2 days prior to a random selection proceeding. An applicant's 
request for return of its application after it has been accepted for 
filing will be considered to be a request for dismissal without 
prejudice. Requests for dismissal shall comply with the provisions of 
Sec. 21.29 as appropriate.
    (d) The Commission will dismiss an application for failure to 
prosecute or for failure to respond substantially within a specified 
time period to official correspondence or requests for additional 
information. Dismissal will be without prejudice prior to designation 
for hearing, selection of the comparative evaluation procedure of 
Sec. 21.35, or

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tentative selection by the random selection process, but may be with 
prejudice for unsatisfactory compliance with Sec. 21.29, or after 
designation for hearing, selection of the comparative evaluation 
process, or selection as a tentative selectee in a random selection 
proceeding.
    (e) The Commission will dismiss an application filed by a cable 
television company which fails to comply with the provisions of 
Sec. 21.912 of this part.
    (f) A Multipoint Distribution Service application will be dismissed 
if the applicant seeks to change ownership or control, except in the 
case of a pro forma change of ownership or control (bankruptcy, death, 
or legal disability).
[ 44 FR 60534 , Oct. 19, 1979, as amended at  50 FR 5993 , Feb. 13, 1985;  55 FR 46009 , Oct. 31, 1990;  58 FR 11797 , Mar. 1, 1993]