Sec. 73.3517  Contingent applications.

    Contingent applications for new stations and for changes in 
facilities of existing stations are not acceptable for filing. 
Contingent applications will be accepted for filing under circumstances 
described below:
    (a) Upon filing of an application for the assignment of a license or 
construction permit, or for a transfer of control of a licensee or 
permittee, the proposed assignee or transferee may, upon payment of the 
processing fee prescribed in Subpart G, Part 1 of this chapter, file 
applications in its own name for authorization to make changes in the 
facilities to be assigned or transferred contingent upon approval and 
consummation of the assignment or transfer. Any application filed 
pursuant to this paragraph must be accompanied by a written statement 
from the existing licensee which specifically grants permission to the 
assignee or permittee to file such application. The processing fee will 
not be refundable should the assignment or transfer not be approved. The 
existing licensee or permittee may also file a contingent application in 
its own name, but fees in such cases also not refundable.
    (b) Whenever the FCC determines that processing of any application 
filed pursuant to paragraph (a) of this section, would be contrary to 
sound administrative practice or would impose an unwarranted burden on 
its staff and resources, the FCC may defer processing of such 
application until the assignment or transfer has been granted and 
consummated.
    (c) Upon payment of the filing fees prescribed in Sec. 1.1111 of 
this chapter, the Commission will accept two or more applications filed 
by existing AM licensees for modification of facilities that are 
contingent upon granting of

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both, if granting such contingent applications will reduce interference 
to one or more AM stations or will otherwise increase the area of 
interference-free service. The applications must state that they are 
filed pursuant to an interference reduction arrangement and must cross-
reference all other contingent applications.
    (d) Modified proposals curing conflicts between mutually exclusive 
clusters of applications filed in accordance with paragraphs (c) of this 
section will be accepted for 60 days following issuance of a public 
notice identifying such conflicts.

    Note 1: No application to move to a frequency in the 1605-1705 kHz 
band may be part of any package of contingent applications associated 
with a voluntary agreement.

    Note 2: In cases where no modified proposal is filed pursuant to 
paragraph (d) of this section, the Commission will grant the application 
resulting in the greatest net interference reduction.


[ 44 FR 38487 , July 2, 1979, as amended at  45 FR 41152 , June 18, 1980;  52 FR 5294 , Feb. 20, 1987;  53 FR 36787 , Sept. 22, 1988;  56 FR 64873 , Dec. 
12, 1991]