; (B) in the case of an emerging broadcaster, the applicant would be unable, without the qualifying incubation relationship proposed in the application— (i) in the case of any incubated station of which the applicant has effective control as of such date, to continue to successfully operate such station; and (ii) in the case of any incubated station of which the applicant proposes to acquire effective control after such date, to acquire such effective control; (C) the applicants have established the mutually agreed-upon goals required by subsection (c)(1)(C); and (D) the applicants have established the mutually agreed-upon limitation required by subsection (c)(1)(D). (5) Limitation on reapplication by established broadcaster after failed relationship If, in 3 or more instances, the Commission has terminated the participation of an established broadcaster in the Program under subsection (f) and determined that such established broadcaster was primarily at fault in causing the circumstances on which the termination was based, such established broadcaster may not submit another application for participation in the Program. (e) Waiver of local ownership rules (1) In general If the Commission makes the determination described in paragraph (2) with respect to an established broadcaster and an emerging broadcaster, the Commission shall, not earlier than 1 year after making such determination, grant to the established broadcaster a waiver of paragraph (a) or (b) of section 73.3555 of title 47, Code of Federal Regulations (or any successor regulation) to the extent necessary to permit the established broadcaster— (A) to hold a cognizable interest in any incubated station under the qualifying incubation relationship