§  73.23   AM broadcast station applications affected by international
agreements.

   (a) Except as provided in paragraph (b) of this section, no application
   for an AM station will be accepted for filing if authorization of the
   facilities requested would be inconsistent with international
   commitments of the United States under treaties and other international
   agreements, arrangements and understandings. (See list of such
   international instruments in § 73.1650(b)). Any such application that
   is inadvertently accepted for filing will be dismissed.

   (b) AM applications that involve conflicts only with the North American
   Regional Broadcasting Agreement (NARBA), but that are in conformity
   with the remaining treaties and other international agreements listed
   in § 73.1650(b) and with the other requirements of this part 73, will
   be granted subject to such modifications as the FCC may subsequently
   find appropriate, taking international considerations into account.

   (c) In the case of any application designated for hearing on issues
   other than those related to consistency with international
   relationships and as to which no final decision has been rendered,
   whenever action under this section becomes appropriate because of
   inconsistency with international relationships, the applicant involved
   shall, notwithstanding the provisions § § 73.3522 and 73.3571, be
   permitted to amend its application to achieve consistency with such
   relationships. In such cases the provisions of § 73.3605(c) will apply.

   (d) In some circumstances, special international considerations may
   require that the FCC, in acting on applications, follow procedures
   different from those established for general use. In such cases,
   affected applicants will be informed of the procedures to be followed.

   [ 56 FR 64856 , Dec. 12, 1991]