inal license the acknowledgment received from the Commission that the renewal application has been accepted for filing or a signed copy of the application for renewal of license which has been submitted by the licensee or, in services other than broadcast and common carrier, a statement certifying that the licensee has mailed or filed a renewal application, specifying the date of mailing or filing. (b) Where there is pending before the Commission at the time of expiration of license any proper and timely application for renewal or extension of the term of a license with respect to any activity not of a continuing nature, the Commission may in its discretion grant a temporary extension of such license, pending determination of such application. No such temporary extension shall be construed as a finding by the Commission that the operation of any radio station thereunder will serve public interest, convenience, or necessity beyond the express terms of such temporary extension of license nor shall such temporary extension in any way affect or limit the action of the Commission with respect to any pending application or proceeding. (c) Except where an instrument of authorization clearly states on its face that it relates to an activity not of a continuing nature, or where the authorization is expressly denominated "temporary". or where the non-continuing nature is otherwise clearly apparent upon the face of the authorization, all licenses issued by the Commission shall be deemed to be related to an activity of a continuing nature. § 1.385 Designation for hearing. Applications will be designated for hearing in the following cases: (a) Where it does not appear from an examination of the application that the applicant is legally, technically, or financially qualified; or (b) Where a grant of the application would require the modification, revocation, or nonrenewal of license of an existing station or of any outstanding construction permit; or (c) Where a grant of the application would cause electrical interference to an existing station or station for which a construction permit is outstanding within its normally protected contour as pre scribed by the applicable rules and regulations; or (d) Where it does not appear from an examination of the application that a grant of the application will be in the public interest. (e) Where a grant of the application would preclude the grant of an application or applications mutually exclusive with it. However, the Commission may, if public interest will be served thereby, make a conditional grant of one of the applications and designate all of the mutually exclusive applications for hearing. Such conditional grant will be made upon the express condition that such grant is subject to being withdrawn if at the hear ing it is shown that public interest will be better served by a grant of one of the Such conditional other applications. grants will be issued only where it appears: (1) That some or all of the applications were not filed in good faith but were filed for the purpose of delaying or hindering the grant of another application; or (2) That public interest requires the prompt establishment of radio service in a particular community or area; or (3) That a grant of one or more applications would be in the public interest and that a delay in making a grant to any applicant until after the conclusion of a hearing on all applications might jeopardize the rights of the United States under the provisions of international agreement to the use of the frequency in question; or (4) That a grant of one application would be in the public interest and that it appears from an examination of the remaining applications that they cannot be granted because they are in violation of provisions of the Communications Act, or of other statutes, or of the Commission's rules and regulations. § 1.386 Petition for reconsideration and grant without hearing. Where the Commission has designated an application for hearing, the applicant may file a petition requesting reconsideration and grant of the application without hearing. If the petition shows that a grant of the application without hearing would be consistent with § 1.382, the petition will be granted. Otherwise it will be denied. § 1.387 Procedure when case is designated for hearing. (a) When an application has been designated for hearing, the Secretary of the Commission will mail an order to the applicant setting forth the reasons for the Commission's action and the issues upon which the application will be heard. In addition, notice of hearing involving matters under Part I of Title III of the act will be given by publishing the notice of The hearing in the FEDERAL REGISTER. Commission will, when possible, give at least 30 days advance notice of a hearing in cases other than those involving broadcast applications and at least 60 days advance notice on comparative hearings involving applications for authority to construct broadcast facilities. In order to avail himself of the opportunity to be heard, the applicant, in person or by his attorney, shall, within 20 days of the mailing of the notice of designation for hearing by the Secretary, file with the Commission, in triplicate, a written appearance stating that he will appear on the date fixed for the hearing and present evidence on the issues specified in the order. Where an applicant fails to file such a written appearance within the time specified and has not filed prior to the expiration of that time period a petition to dismiss without prejudice pursuant to § 1.366, or a petition to accept, for good cause shown, such written appearance after expiration of said 20 days, his application will be dismissed with prejudice by the Chief Hearing Examiner for failure to prosecute. [Paragraph (a) amended, 21 F. R. 1270, Feb. 25, 1956] (b) The Commission will on its own motion name as parties to the hearing: (1) Any existing licensee or holder of an outstanding construction permit who, if the application were granted, would suffer electrical interference within his normally protected contour as prescribed by the Commission's rules and regulations. (2) Any existing licensee or holder of an outstanding construction permit whose license or construction permit would have to be modified or revoked, or whose application for renewal of license would have to be denied, if the application in question were granted. (3) Any person who has filed a mutually exclusive application, which, under § 1.724 (b) will be consolidated with a prior application, or applications. [Subparagraph (3) amended, 20 F. R. 10161, Dec. 31, 1955] (4) In order to avail himself of the opportunity to be heard, any person named as a party pursuant to this subsection shall, within 20 days of the mailing of the notice of his designation as a party, file with the Commission, in person or by attorney, a written appearance in triplicate stating that he will appear and present evidence on the issues specified in the notice of hearing. Any person so named who fails to file this written statement within the time specified, shall, unless good cause for such failure is shown, forfeit his hearing rights. § 1.388 Petitions to intervene. (a) Where the Commission has failed on its own motion to name as parties to a hearing any person specified in § 1.387 (b), such person will be permitted to participate in the proceeding by filing a petition to intervene showing that he comes within the provisions of § 1.387 (b). Where the petition to intervene is based upon a claim that a grant of the application would cause electrical interference to an existing station or a station for which a construction permit is outstanding within its normally protected contour as prescribed by the applicable rules and regulations, the petition must be accompanied by an affidavit of a qualified radio engineer which shall show either by reference to the standard broadcast Technical Standards of part 3 of this chapter or to actual measurements made in accordance with the methods prescribed therein that electrical interference will be caused to the existing station or station for which a construction permit is outstanding within the normally protected contour of the station. (b) Any other person desiring to participate in the hearing may file a petition to intervene. The petition must set forth the interest of the petitioner in the proceedings, must show how such person's participation will assist the Commission in the determination of the issues in question, and must be accompanied by the affidavit of a person with knowledge as to the facts set forth in the petition. The Commission in its discretion may grant or deny such petition or may permit intervention by such persons limited to particular issues or to a particular stage of the proceeding. (c) The granting of any petition to intervene shall not have the effect of changing or enlarging the issues specified in the Commission's notice of hearing unless the Commission shall on motion amend the same (d) Petitions to intervene under this section must be filed with the Commission not later than 15 days after the issues in the hearing have first been published in the FEDERAL REGISTER. Any person desiring to file a petition to intervene after the expiration of such 15 days must set forth the reason why it was not possible to file the petition within the prescribed 15 days. Unless good cause is shown for delay in filing, the petition will not be granted. § 1.389 Motions to enlarge or change the issues. Motions to enlarge or change the issues may be filed by any party to a healing. Such motions must be filed with the Com.nission not later than 15 days after the issues in the hearing have first been published in the FEDERAL REGISTER. Any person desiring to file a motion to enlarge or change the issues after the expiration of such 15 days must set forth the reason why it was not possible to file the petition within the prescribed 15 days. Unless good cause is shown for delay in filing, the motion will not be granted. § 1.390 Petitions for reconsideration or for rehearing. (a) Where an application has been granted without a hearing, any person aggrieved or whose interests would be adversely affected thereby may file a petition for reconsideration of such action. Such petition must be filed with the Commission within 30 days after public notice is given of the Commission's action in granting the application. Such petition will be granted if the petitioner shows that: (1) Petitioner is an existing licensee or permittee and a grant of the application would require the modification, revocation, or nonrenewal of his license or construction permit; or (2) That petitioner is an existing licensee or permittee and a grant of the application would cause interference to his station within the normally protected contour as prescribed by applicable rules and regulations; or (3) At the time the application was granted, petitioner had a mutually ex clusive application pending before the Commission; or (4) A grant of the application is not in the public interest. (b) Where an application has been granted or denied after hearing, petitions for rehearing may be filed within 30 days after public notice is given of the Commission's action in granting or denying the application. Petitions for rehearing by persons not parties to the Commission's hearing will not be granted unless good cause is shown as to why it was not possible for such person to participate earlier in the Commission's proceeding. (c) Where a petition for reconsideration or for rehearing is based upon a claim of electrical interference within the normally protected contour of an existing station or a station for which a construction permit is outstanding, such petition must be accompanied by an affidavit of a qualified radio engineer which shall show either by reference to the standard broadcast Technical Standards of Part 3 of this chapter or to actual measurements made in accordance with the methods prescribed therein that electrical interference will be caused to the station within its normally protected contour. If the claim. of interference is not based upon actual measurements made in accordance with the standard broadcast Technical Standards of Part 3 of this chapter, it may be controverted by affidavit containing results of actual measurements made in accordance with the standard broadcast Technical Standards of Part 3 of this chapter. (d) Any opposition to a petition for reconsideration or rehearing may be filed within 10 days after the filing of such petition. (e) Petitions for reconsideration or rehearing filed under this section may request (1) reconsideration, either in cases decided after hearing or in cases of applications granted without hearing; (2) reargument; (3) reopening of the proceeding; (4) amendment of any finding; or (5) such other relief as may be appropriate. Such petition shall state specifically the form of relief sought and, subject to this requirement, may contain alternative requests. Each such petition shall state with particularity in what respect the decision, order or requirement or any matter determined therein is claimed to be unjust, unwarranted, or erroneous, and with respect to any finding of fact must specify the pages of record relied on. Where the petition is based upon a claim of newly discovered evidence, it must be accompanied by a verified statement of the facts relied upon, together with the facts relied on to show that the petitioner, with due diligence, could not have known or discovered such facts at the time of the hearing. (f) The filing of a petition for reconsideration or rehearing shall not excuse any person from complying with or obeying any decision, order, or requirement of the Commission, or operate in any manner to stay or postpone the enforcement thereof. However, upon good cause shown the Commission may stay the effectiveness of its order or requirement pending a decision on the petition for rehearing. § 1.391 Special waiver procedure relative to broadcast applications. (a) In the case of any broadcast applications designated for hearing, the parties may request the Commission to grant or deny the application upon the basis of the information contained in the applications and other papers specified in paragraph (b) of this section without the presentation of oral testimony. Any party desiring to follow this procedure should execute and file with the Commission a waiver in accordance with paragraph (f) of this section and serve copies on all other parties, or a joint waiver may be filed by all the parties. Upon the receipt of waivers from all parties to a proceeding, the Commission I will decide whether the case is an appropriate one for determination without the presentation of oral testimony. If it is determined by the Commission that, notwithstanding the waivers, the presentation of oral testimony is necessary, the parties will be so notified and the case will be retained on the hearing docket. If the Commission concludes that the case can appropriately be decided without the presentation of oral testimony, the case will be removed from the hearing docket and the record will be considered as closed as of the date the waivers of all parties were first on file with the Commission. (b) In all cases which are removed from the hearing docket in accordance with this procedure, the Commission will decide the case upon the basis of the information contained in the applications and any other papers open to public inspection on file with the Commission (as of the date the record was closed) which pertain to the applicants or applications in question. The Commission reserves the right to call upon any party to furnish any additional information which the Commission deems necessary to a proper decision. Such information shall be served upon all parties. The waiver previously executed by the parties shall be considered in effect unless within 10 days of the service of such information the waiver is withdrawn. (c) This procedure does not in any way change the Commission's practice with respect to protests. Any party, or any member of the public, may file with the Commission any information concerning the applicant which bears upon his qualifications to operate a station in the public interest. Where such protest raises a question of substance which might affect the granting of the application, the presentation of oral testimony will generally be required. If the protest is not of any substance the Commission may proceed to act upon the application without the presentation of oral testimony. (d) In all cases where the Commission issues a decision pursuant to this procedure without holding the usual hearing, an opinion will be issued by the Commission stating its reasons for its grant or denial of the individual applications. This decision shall have the same effect as a proposed decision, and the procedure thereafter to be followed shall be the same as in the case of a proposed decision made under the regular hearing procedure. (e) The Commission does not construe this procedure as involving any waiver by the parties of the right to appeal to the Courts from any adverse final decision of the Commission. (f) The waiver provided for by this section shall be in the following form: WAIVER PROCEDURE WITH RESPECT TO REVOCATION AND MODIFICATION OF STATION AUTHOR- § 1.401 Notice of violations. Any li- § 1.402 Revocation of station licenses and construction permits and issuance of (a) Whenever cease and desist orders. it appears that a station license or construction permit should be revoked for any of the reasons set forth in section 312 (a) of the Communications Act of 1934, as amended, or a cease and desist order should be issued for any of the reasons specified in section 312 (b) of the act, the Commission will issue an order directing the licensee, permittee or person to show cause why an order of (b) Any order to show cause issued in (d) Hearings on the matters specified in the order to show cause and the practice and procedure in connection therewith shall accord with the provisions of Subparts F and G of this part, except that in all such hearings the burden of proceeding with the introduction of evidence and burden of proof shall be upon the Commission, and except that the Commission may, where the circumstances of the proceeding require expedition, specify in the show cause order, or authorize the hearing examiner to specify by subsequent order, times within which the initial decision in such proceedings shall become effective, within which exceptions to such initial decision or replies thereto may be filed, and within which parties may file notice of intent to seek and participate in oral argument, less than those specified in §§ 1.853 and 1.854. (e) If the licensee, permittee or person does not desire to appear before the Commission and give evidence upon the matter specified in the show cause order, he shall, within 30 days of the receipt of the order or such shorter period as may be specified therein if the safety of life |