[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR21.28]



[Page 39-40]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 21_DOMESTIC PUBLIC FIXED RADIO SERVICES--Table of Contents

 

                   Subpart B_Applications and Licenses

 

Sec. 21.28  Dismissal and return of applications.



    (a) Except as provided under paragraph (c) of this section and under 

Sec. 21.29, any application may be dismissed without prejudice as a 

matter of right if the applicant requests its dismissal prior to 

designation for hearing or prior to selection of the comparative 

evaluation procedure of Sec. 21.35. An applicant's request for return 

of its application after it has been accepted for filing will be 

considered to be a request for dismissal without prejudice. Requests for 

dismissal shall comply with the provisions of Sec. 21.29 as 

appropriate.

    (b) A request to dismiss an application without prejudice will be 

considered after designation for hearing, after selection of the 

comparative evaluation procedure of Sec. 21.35, or after selection as a 

tentative selectee in a random selection proceeding, only if:

    (1) A written petition is submitted to the Commission and, in the 

case of applications designated for hearing or comparative evaluation, 

is properly served upon all parties of record;

    (2) The petition is submitted before the issuance date of a public 

notice of Commission action denying the application; and

    (3) The petition complies with the provisions of Sec. 21.29 

(whenever applicable) and demonstrates good cause.

    (c) Except as provided under Sec. 21.29, an application designated 

for inclusion in the random selection process may be dismissed without 

prejudice as a matter of right if the applicant requests its dismissal 

at least 2 days prior to a random selection proceeding. An applicant's 

request for return of its application after it has been accepted for 

filing will be considered to be a request for dismissal without 

prejudice. Requests for dismissal shall comply with the provisions of 

Sec. 21.29 as appropriate.

    (d) The Commission will dismiss an application for failure to 

prosecute or for failure to respond substantially within a specified 

time period to official correspondence or requests for additional 

information. Dismissal will be without prejudice prior to designation 

for hearing, selection of the comparative evaluation procedure of Sec. 

21.35, or tentative selection by the random selection process, but may 

be with prejudice for unsatisfactory compliance with Sec. 21.29, or 

after designation for hearing, selection of the comparative evaluation 

process, or selection as a



[[Page 40]]



tentative selectee in a random selection proceeding.

    (e) The Commission will dismiss an application filed by a cable 

television company which fails to comply with the provisions of Sec. 

21.912 of this part.

    (f) A Multipoint Distribution Service application will be dismissed 

if the applicant seeks to change ownership or control, except in the 

case of a pro forma change of ownership or control (bankruptcy, death, 

or legal disability).



[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 55 

FR 46009, Oct. 31, 1990; 58 FR 11797, Mar. 1, 1993]