or property is involved, file with the Commission, in triplicate, a written waiver of hearing. Such waiver, which shall include the name of the licensee, permittee or person to whom the show cause order was addressed, the call letters of his station, if any, and the docket number of the proceeding, may be accompanied by a statement of reasons why the licensee, permittee or person believes that an order of revocation or a cease and desist order, as the case may be, should not be issued. (f) If the licensee, permittee or person fails timely to respond to an order to show cause or fails to appear at a hearing, such failure will be deemed a waiver of hearing. (g) If the licensee, permittee or person waives a hearing in accordance with the provisions of paragraph (e) of this section and fails to submit a statement therewith showing why he believes an order of revocation or a cease and desist order should not be issued, or if he is deemed to waive a hearing in accordance with the provisions of paragraph (f) of this section, the allegations specified in the order to show cause will be deemed to be admitted and a decision will be issued by the Commission invoking the sanction specified in the order to show cause. If a hearing is waived pursuant to paragraph (e) of this section but a written statement as to why an order of revocation or cease and desist order should not be issued is submitted, the Commission will, on the basis of the facts before it as supplemented by such written statement, issue a decision stating its reasons for invoking the sanction specified in the order to show cause or for dismissing the proceeding, as the case may be: Provided, That where the written statement contains factual allegations contrary to those upon which the show cause order was based the Commission may call upon the submitting party to furnish additional information under oath, or, if necessary, designate the proceeding for oral hearing. The decisions of the Commission referred to in this paragraph shall have the same effect as an initial decision and the procedure to be followed thereafter shall be the same as in the case of an initial decision issued in the course of the regular hearing procedure." (h) Any order of revocation or cease and desist order issued pursuant to this 12 See § 1.853 to 1.857. section shall include a statement of the findings and the grounds and reasons therefor and specify the effective date of the order, and shall be served on said licensee, permittee or person. § 1.403 Modification of licenses. Whenever it appears that public interest, convenience, and necessity would be served, or the provisions of the Communications Act, or of any treaty ratified by the United States will be more fully complied with, by the modification of any radio station construction permit or license, the Bureaus of Law and Engineering prepare a report and other necessary papers which are presented to the Commission for action. If the Commission concludes that proceedings should be instituted, an order will be issued to show cause why such construction permit or license should not be modified. Such order to show cause shall contain a statement of the grounds and reasons for such proposed modification, and shall specify wherein the said construction permit or license is required to be modified. It shall require the licensee against whom it is directed, to appear at a place and time therein named to show cause why the proposed modification should not be made and the order of modification issued. If the licensee against whom the order to show cause is directed does not appear at the time and place provided in said order, a final order of modification shall issue forthwith. § 1.404 Suspension of operator licenses. Whenever it appears that grounds exist for suspension of an operator license, as provided in section 303 (m) of the act, the Chief of the Safety and Special Radio Services Bureau, with respect to amateur operator licenses, or the Chief of the Field Engineering and Monitoring Bureau, with respect to commercial operator licenses, pursuant to authority delegated by the Commission, issue an order suspending the operator license. No order of suspension of any operator's license shall take effect until 15 days' notice in writing thereof, stating the cause for the proposed suspension, has been given to the operator licensee, who may make written application to the Commission at any time within said 15 days for a hearing upon such order. The notice to the operator licensee shall not be effective until actually received by him, and from that time he shall have 15 days in which to mail the said application. In the event that physical conditions prevent mailing of the appli- FORFEITURES AGAINST SHIPS AND SHIP § 1.410 Forfeitures against ships and ship masters. (a) Whenever information is received indicating that reasonable grounds exist to support a suit for collection of forfeitures provided by section 362 of the Communications Act of 1934, as amended, the owner of the ship and the master will be notified of apparent liability for forfeitures. The notification will specify dates, places and the nature of the alleged violations or irregularities, and will advise the parties of the Commission's authority under section 504 (b) of the act to remit or mitigate such forfeitures upon application therefor. Applications for mitigation or remission may be filed within thirty (30) days from the date of receipt of the notifcation letter, or within such extended time as may for good cause be granted. The application must be in duplicate but need not follow any special form. After a review of the case in the light of all the information available, including the information and arguments presented in the application, the applicant will be notified of the determination, which may be either remission of the entire amount, an offer of mitigation of the forfeiture to the extent which appears warranted under the circumstances, or denial of (b) Acceptance of an offer of mitiga- (c) In lieu of acceptance of an offer of mitigation, or in the event of denial of relief, application may be made within thirty (30) days from the date of receipt of the notification for review by the Commission as provided in section 5 (d) (2) of the act. The application should set forth the reasons for applicant's belief that the original action on his application should be modified. It may include statement of any material facts that may have been omitted from the If the original application for relief. Commission grants the application for review, it may affirm, modify or set aside the previous action, or direct any further proceedings that appear necessary and in the public interest. (d) If the applicant fails to take any action in respect to a notification of apparent liability for forfeiture or an offer of mitigation or a notification of denial of relief, the case may be referred by the Commission to the Attorney General of the United States for appropriate civil action to recover the forfeiture in accordance with the provisions of section 504 (a) of the act. SUBPART E-RULES RELATING TO APPLICATIONS, GENERAL RULES RELATING TO APPLICATIONS § 1.501 Subscription and verification of applications. Each application or amendment thereto shall be personally subscribed and verified (a) by the party filing such application or amendment, or by one of the parties, if there be more than one; (b) by an officer of the party filing the application or amendment if the party be a corporation: Provided, however, That subscription and verification may be made by the attorney for the party (1) in case of physical disability of the party, or (2) his absence from the continental United States. If it be made by a person other than the party, he must set forth in the verification the grounds of his belief as to all Page 35 matters not stated upon his knowledge and the reason why it is not made by the party. Where more than one copy of an application is required to be filed with the Commission, only the original need be signed and verified; the copies may be conformed. § 1.502 Full disclosures. Each application shall contain full and complete disclosures with regard to the real party or parties in interest and as to all matters and things required to be disclosed by the application forms. § 1.503 Additional statements. The Commission may require an applicant to submit such documents and written statements of fact, under oath, as in its judgment may be necessary. § 1.504 Form of amendments to applications. Any amendment to an application shall be subscribed, verified, and submitted in the same manner, and with the same number of copies, as was the original application. § 1.505 Amendments of applications ordered. The Commission may upon its own motion or upon motion ofy party to a proceeding, order the applicant to amend his application so as to make the same more definite and certain. § 1.506 Defective applications. (a) Applications which are defective with respect to completeness of answers to required questions, execution or other matters of a purely formal character will not be received for filing by the Commission, unless the Commission shall otherwise direct, and will be returned to the applicant with a brief statement as to the omissions. (b) If an applicant is requested by the Commission to file any documents or information not included in the prescribed application form, a failure to comply with such request will constitute a defect in the application. (c) Applications which are not in accordance with the Commission's rules, regulations or other requirements will be considered defective unless accompanied either (1) by a petition to amend any rule or regulation with which the application is in conflict, or (2) by a request of the applicant for waiver of, or an exception to, any rule, regulation or requirement with which the application is in conflict. Such request shall show the nature of the waiver or exception desired and set forth the reasons in support thereof. (d) Applications found to be complete are accepted for filing and are given a file number. $ 1.507 Amendments and dismissals of applications. (a) Any application may be amended or dismissed without prejudice as a matter of right prior to the designation of such application for hearing. Thereafter, requests to amend or dismiss without prejudice will be considered only upon written motion properly served upon all parties of record. (b) When leave to amend has been granted after an application has been designated for hearing, the application will not be removed from the hearing docket unless the Motions Commissioner shall determine that the proposed amendment substantially affects the issues upon which the application has been designated for hearing and orders that the application shall be removed from the hearing docket. An amended application which has been removed from the hearing docket will be reexamined by the Commission and when necessary will be redesignated for hearing at a subsequent time. A § 1.508 Failure to prosecute applications. An applicant not desiring to prosecute his application may request the dismissal of same without prejudice. request of an applicant for the return of an application which has been accepted for filing will be considered as a request to dismiss the same without prejudice. Where an applicant fails to respond to official correspondence or request for additional material, the application will be dismissed without prejudice. § 1.509 Partial grants. Where the Commission without a hearing grants any application in part, or with any privileges, terms or conditions other than those requested, the action of the Commission shall be considered as a grant of such application unless the applicant shall, within 20 days from the date on which public announcement of such grant is made, or from its effective date if a later date is specified, file with the Commission a written request rejecting the grant as made. Upon receipt of such request, the Commission will vacate its original action upon the application and set the application for hearing in the same manner as other applications are set for hearing. § 1.510 Inconsistent or conflicting applications. When an applicant has an application pending or undecided, no other inconsistent or conflicting application filed by the same applicant, his successor or assignee, or on behalf or for the benefit of said applicant, will be considered by the Commission. FILING AND PROCESSING OF APPLICATIONS § 1.521 Filing and routing of applications. All applications under Title II of the act are filed with the Secretary and dated by the Mail and Files Branch of his Bureau All applications other than for special tariff permission are then routed to the Commercial License Branch of the Bureau of the Secretary, where they are given a file number and then routed to the appropriate units of the Bureaus of Law, Accounting and Engineering. Applications for special tariff permission are routed to the Rates Division of the Bureau of Accounting, where they are numbered and referred to the appropriate branches of that Division. § 1.522 Application for extension of time in which to file financial reports. Applications for extensions of time in which to file annual, monthly, and special reports required by the Commission pursuant to sections 211 and 219 of the act should be made in writing. § 1.523 Application for special tariff permission; procedure and application form. Applications under section 203 (a) of the act for special tariff permission shall be made in the form and manner and with the number of copies required by §§ 61.151 through 61.153 of this chapter. Final action is taken by the Chief Accountant where Commission policy in the matter has been established, and in other cases the Commission acts upon the recommendation of the Chief Accountant or upon the recommendation of the Bureaus of Law, Accounting and Engineering. § 1.524 Application for holding interlocking offices or directorates; procedure and application form. Applications under section 212 of the act for authority to hold the position of officer or director of more than one carrier subject to the act shall be made in the form and manner and with the number of copies required by §§ 62.1, 62.2, 62.11 and 62.21 through 62.25 of this chapter. Final action is taken by the Secretary upon securing the approval of the Bureau of Law where Commission policy in the matter has been established, and in other cases the Commission acts upon the recommendations of the General Counsel. § 1.525 Application for lines. (a) Applications under section 214 of the act for authority to construct a new line, extend any line, acquire or operate any line or extension thereof, or to engage in transmission over or by means of such additional or extended line, to furnish temporary or emergency service or to supplement existing facilities shall be made on the form and manner and with the number of copies required by §§ 63.01 through 63.06 and §§ 63.51 through 63.54 of this chapter. In accordance with the delegation of authority provided for in the Commission's Statement of Organization, Delegations of Authority and Other Information, the Telegraph Committee, the Telephone Committee, and the Secretary, respectively, take final action on these matters. In other cases, final action is taken by the Commission. Recommendations on these applications are made by the Bureau of Engineering, or by the Bureaus of Engineering, Accounting and Law. (b) In cases requiring a certificate, notice is given to and a copy of the application is filed with the Secretary of the Army, the Secretary of the Navy, and the Governor of each State involved. Hearing is held if any of these parties desires to be heard or if the Commission determines that a hearing should be held. Copies of applications for certificates are also served upon the state regulatory commissions of the states involved. § 1.526 Application for discontinuance, reduction, or impairment of service. (a) Applications under section 214 of the act for authority to discontinue, reduce or impair service to a community or part of a community or for the temporary, emergency or partial discontinuance, reduction or impairment of service shall be made on the form and manner and with the number of copies required by §§ 63.51 to 63.54, §§ 63.60 to 63.68, and §§ 63.500 to 63.507 of this chapter. Posted and published notice shall be given to the public as required by § 63.67, § 63.68 or § 63.90 of this chapter. In accordance with the delegation of authority provided for in the Commission's Statement of Organization, Delegations of Authority and Other Information, the Telegraph Committee, the Telephone Committee, and the Secretary, respectively, take final action on these matters. In other cases, final action is taken by the Commission. Recommendations on these applications are made by the Bureau of Accounting where telegraph service is involved, by the Bureau of Engineering where telephone service is involved, or by the Bureaus of Accounting, Engineering and Law. (b) In cases requiring a certificate, notice is given to and a copy of the application is filed with the Secretary of the Army, the Secretary of the Navy, and the Governor of each State involved. A hearing is held if any of these parties desire to be heard or if the Commission determines that a hearing should be held. Also, copies of all formal applications under this section requesting authorizations are filed with the Governors of the States involved and the Secretary of the Army and Secretary of the Navy. § 1.527 Application for consolidation [Revoked, 21 of telephone companies. F. R. 9948, Dec. 13, 1956] CROSS REFERENCE: For regulations respecting applications for consolidation, acquisition, or control of telephone companies, see Part 66 of this chapter. § 1.528 Application for consolidation of domestic telegraph carriers. (a) Applications under section 222 of the act by two or more domestic telegraph carriers for authority to effect a consolidation or merger or to acquire all or any part of the domestic telegraph properties, domestic telegraph facilities, or domestic telegraph operations of any carrier which is not primarily a telegraph carrier shall contain such information as is necessary for the Commission to act upon such application under the provision of section 222 of the act. (b) These applications are acted upon by the Commission after public hearing. Reasonable notice in writing of the public hearing and an opportunity to be heard is given by the Commission to the Governor of each of the States in which any of the physical property involved in such proposed consolidation or merger is situated, to the Secretary of State, the Secretary of the Army, the Attorney General of the United States, the Secretary of the Navy, representatives of employees where represented by bargaining representatives known to the Commission, and to such other persons as the Commission may deem advisable. § 1.529 Application with respect to disposition of debit amounts in account 100.4, "Telephone plant acquisition adjustment," for class A and class B telephone companies and in account 1200, "Plant adjustments” for class C telephone companies. Sections 31.100:4 (c) (1) and 33.1200 (c) (1) of this chapter contain provisions relating to the disposition of such debit amounts in whole or in part, or for amortization over a reasonable period, through charges to appropriate income or surplus accounts. If a different disposition is desired, application therefor shall be made to the Commission. Final action, in accordance with established Commission policy, is taken on such applications by the Chief Accountant; or such applications are presented to the Commission for action upon the recommendation of the Chief Accountant. TARIFFS, REPORTS, AND OTHER MATERIAL REQUIRED TO BE SUBMITTED BY CARRIERS § 1.541 Tariffs to be filed. Schedules of charges required under section 203 of the Communications Act shall be constructed, filed and posted in accordance with Part 61 of this chapter. § 1.543 Contracts to be filed. Copies of carrier contracts, agreements, concessions, licenses, authorizations or other arrangements, shall be filed in the form and manner and with the number of copies required by § 43.51 of this chapter. § 1.544 Annual financial reports. Annual financial reports shall be filed by carriers and affiliates as required by § 43.21 of this chapter on the following forms: (a) |