Sec.  73.3605   Retention of applications in hearing status after designation for
hearing.

   (a) After an application for a broadcast facility is designated for hearing,
   it will be retained in hearing status upon the dismissal or amendment and
   removal from hearing of any other application or applications with which it
   has been consolidated for hearing.

   (b) Where any applicants for a broadcast facility file a request pursuant to
    Sec. 73.3525(a) for approval of an agreement to remove a conflict between their
   applications, the applications will be retained in hearing status pending
   such proceedings on the joint request as may be ordered and such action
   thereon as may be taken.

   (1) If further hearing is not required on issues other than those arising
   out of the agreement, the proceeding shall be terminated and appropriate
   disposition shall be made of the applications.

   (2) Where further hearing is required on issues unrelated to the agreement,
   the presiding officer shall continue to conduct the hearing on such other
   issues pending final action on the agreement, but the record in the
   proceeding shall not be closed until such final action on the agreement has
   been taken.

   (3) In any case where a conflict between applications will be removed by an
   agreement for an engineering amendment to an application, the amended
   application shall be removed from hearing status upon final approval of the
   agreement and acceptance of the amendment.

   (c) An application for a broadcast facility which has been designated for
   hearing and which is amended so as to eliminate the need for hearing or
   further hearing on the issues specified, other than as provided for in
   paragraph (b) of this section, will be removed from hearing status.

   [ 44 FR 38511 , July 2, 1979]