Sec. 22.121  Repetitious, inconsistent or conflicting applications.

    Repetitious, inconsistent or conflicting applications are not 
accepted for filing by the FCC. Unless the FCC in a particular case 
determines otherwise, such applications are not returned to the 
applicant.
    (a) While an application is pending, any subsequent inconsistent or 
conflicting application submitted by, on behalf of, or for the benefit 
of the same applicant, its successor or assignee will not be accepted 
for filing.
    (b) If an applicant has been afforded an opportunity for a hearing 
with respect to an application for a new station or an enlargement of 
service area, and the FCC has, after hearing or default, denied the 
application or dismissed it with prejudice, the FCC will not consider a 
like application for service of the same type to the same area by that 
applicant, or by its successor or assignee, or on behalf of or for the 
benefit of the parties in interest to the original application, until 
one year after the effective date of the FCC's action on the original 
application.
    (c) If an appeal has been taken from the action of the FCC denying a 
particular application, a like application for service of the same type 
to the same area, in whole or in part, filed by that applicant or by its 
successor or assignee, or on behalf or for the benefit of the parties in 
interest to the original application, will not be considered until the 
final disposition of such appeal.

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    (d) If an authorization is automatically terminated because of 
failure to commence service to subscribers (see Sec. 22.144), the FCC 
will not consider an application for another authorization to operate a 
station on the same channel in the same geographical area by that party, 
or by its successor or assignee, or on behalf of or for the benefit of 
the parties in interest to the terminated authorization, until one year 
after the date the authorization terminated. This paragraph does not 
apply to authorizations in the Cellular Radiotelephone Service.
[ 59 FR 59507 , Nov. 17, 1994;  59 FR 64856 , Dec. 16, 1994]