Sec. 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

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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withdrawn.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 
Sec. 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]