Application File No. 167515 should have been dismissed as ordered in DA 22-356 as follows: DA 22-356 released on April 4, 2022: Paragraph 18. "Group 78. This group consists of four applications to serve different communities in Iowa and Minnesota. St. Gabriel Communications (SGC) proposes to serve Spencer, Iowa. In Minnesota, Fairmont Area Catholic Radio (Fairmont) proposes to serve Fairmont; VCY America, Inc. (VCY) proposes to serve Sherburn; and We Have this Hope Christian Radio, Inc. (Hope) proposes to serve Windom. Fairmont claims that it is eligible for a fair distribution preference based on first NCE service population totals. The other applicants do not. Accordingly, SGC, VCY, and Hope are each eliminated. Fairmont is the tentative selectee for Group 78." Paragraph 38. "Group 78. Accordingly, IT IS ORDERED, That the Application filed by Fairmont Area Catholic Radio (File No. 167071) is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Fairmont, Minnesota, and its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee’s application, we intend, by public notice, TO DISMISS the mutually exclusive applications of St. Gabriel Communications (File No. 167515), VCY America, Inc. (File No. 167877), and We Have this Hope Christian Radio, Inc. (File No. 167166), and TO GRANT the application of Fairmont Area Catholic Radio (File No. 167071) CONDITIONED UPON that selectee’s compliance with section 73.7002(c) of the Commission’s rules, 47 CFR § 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed." St. Gabriel Communications amended their application on May 16, 2022 and again on May 19th, 2022. No amendments on the original NCE applications were allowed after the settlement period which were before the group-by-group analysis. Paragraph 38 clearly states in the last sentence "If, after the petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee’s application, we intend, by public notice, TO DISMISS the mutually exclusive applications of St. Gabriel Communications (File No. 167515), VCY America, Inc. (File No. 167877), and We Have this Hope Christian Radio, Inc. (File No. 167166), and TO GRANT the application of Fairmont Area Catholic Radio (File No. 167071) CONDITIONED UPON that selectee’s compliance with section 73.7002(c) of the Commission’s rules, 47 CFR § 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed." Also note that filing an amendment after the 30 days should have not been allowed. Dismissal should have been final. Nunc Pro Tunc should not have been allowed as their were no deficiencies in the applications to be corrected, only MXs that placed them all in the same group. Only one application in each MX Group was allowed and all other applications were suppose to be dismissed. No second bite of the apple. If applications that can be amended after the selection process, then there is less pressure to make any settlements in the settlement period.