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 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.

   (e) The Commission will accept up to four contingently related applications
   filed  by  FM  licensees  and/or  permittees for minor modification of
   facilities. Two applications are related if the grant of one is necessary to
   permit the grant of the second application. Each application must state that
   it is filed as part of a related group of applications to make changes in
   facilities, must cross-reference each of the related applications, and must
   include  a copy of the agreement to undertake the coordinated facility
   modifications.  All  applications  must be filed on the same date. Any
   coordinated facility modification filing that proposes the cancellation of a
   community's sole noncommercial educational FM station license also must
   include a public interest justification. Dismissal of any one of the related
   applications as unacceptable will result in the dismissal of all the related
   applications.

   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;  64 FR 19501 , Apr. 21, 1999]