§  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 § 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]