GENERAL FILING REQUIREMENTS

1.511

Applications required.

1.512 Where to file; number of copies.

1.513 Who may sign applications.

1.514 Content of applications.

1.516 Specification of facilities.

1.517 Contingent applications.

1.518 Inconsistent or conflicting applications. 1.519 Repetitious applications.

1.520 Multiple applications.

1.522 Amendment of applications.

1.525 Agreements between parties for amendment or dismissal of, or failure to prosecute, broadcast applications.

1.526 Records to be maintained locally for public inspection by commercial applicants, permittees and licensees.

1.527 Records to be maintained locally for public inspection by noncommercial educational applicants, permittees and licens

ees.

1.531 Formal and informal applications.

1.533 Application forms for authority to construct a new station or make changes in an existing station. 1.534 Application for extension of construction permit or for construction permit to replace expired construction permit. 1.536 Application for license to cover construction permit. 1.538 Application for modification of license.

1.539 Application for renewal of license.

1.540 Application for voluntary assignment or transfer of control. 1.541 Application for involuntary assignment of license or transfer of control.

1.542 Application for temporary authorization.

1.543 Application for renewal or modification of special service authorization.

1.544 Application for broadcast station to conduct field strength measurements and for experimental operation.

1.545 Application for permit to deliver programs to foreign countries.

1.546 Application to determine operating power by direct measurement of antenna power.

1.547 Application for permission to use lesser grade operators. 1.548 Application to operate by remote control.

1.549 Requests for extensions of authority to operate without required monitors, indicating instruments, and EBS Attention Signal devices.

1.550 Requests for new or modified call sign assignments. 1.561 Staff consideration of applications which receive action by the Commission.

1.562 Staff consideration of applications which do not require action by the Commission.

1.564 Acceptance of applications. 1.566 Defective applications.

Sec.

1.568 Dismissal of applications.

1.569 Applications for frequencies adjacent to Class I-A channels. 1.570 AM broadcast station applications involving other North American countries.

1.571 Processing of AM broadcast station applications.

1.572 Processing of TV broadcast and translator station applications.

1.573 Processing of FM broadcast and translator station applications.

1.574 Processing of international broadcasting applications.

1.578 Amendments to applications for renewal, assignment or transfer of control.

1.580 Local public notice of filing of broadcast applications. 1.584 Pleadings to deny.

1.587 Procedure for filing informal applications.

1.591 Grants without hearing.

1.592 Conditional grant.

1.593 Designation for hearing.

1.594 Local public notice of designation for hearing.

1.597 Procedures on transfer and assignment applications. 1.598 Period of construction.

1.599 Forfeiture of construction permit.

1.601 Simultaneous modification and renewal of license.

1.603 Special waiver procedure relative to applications.

1.605 Retention of applications in hearing status after designation for hearing.

1.611 Financial report.

1.612 Annual employment report.

1.613 Filing of contracts.

1.615 Ownership reports.

Subpart E-Complaints, Applications, Tariffs, and Reports Involving Common Carriers

1.701 Show cause orders.

GENERAL

1.783 Filing.

FINANCIAL AND ACCOUNTING REPORTS AND REQUESTS

1.785 Annual financial reports.

1.786 Monthly financial reports.

1.787 Reports of proposed changes in depreciation rates.

1.788 Reports regarding pensions and benefits.

1.789 Reports regarding division of international telegraph communication charges.

1.790 Reports relating to traffic by international carriers.

1.791 Reports and requests to be filed under Part 31 of this chapter.

1.792 Reports and requests to be filed under Part 33 of this chapter.

1.793 Reports and requests to be filed under Part 34 of this chapter.

1.794 Reports and requests to be filed under Part 35 of this chapter.

FORMAL COMPLAINTS

1.721 Form.

1.722 Statement of issues and facts.

1.723 Damages; allegations with certainty. 1.724 Specific tariff schedule references.

1.725 Joinder of complainants and causes of action. 1.726 Discrimination, preference, or prejudice.

1.727 Supplemental complaints.

1.728 Cross complaints.

1.729 Copies; service.

1.730 Answers to complaints, supplemental complaints, amended complaints, and cross complaints.

1.731 Motions to dismiss complaints or to make them more definite and certain.

1.732 Replies to answers or amended answers; motions to make answers more definite and certain.

1.733 Oppositions to motions to dismiss complaints or to make them more definite and certain.

1.734 Specifications as to pleadings, briefs, and other documents; subscription and verification.

1.735 Formal complaints not stating a cause of action; defective pleadings.

SERVICES AND FACILITIES REPORTS

1.801 Reports regarding telegraph carrier services.

1.802 Reports relating to continuing authority to supplement facilities or to provide temporary or emergency service. 1.803 Reports relating to reduction in temporary experimental service.

1.804 Reports regarding domestic telegraph speed of service. 1.805 Reports relating to service by carriers engaged in public radio service operations.

MISCELLANEOUS REPORTS

1.811 Reports regarding amendments to charters, by-laws and partnership agreements of carriers engaged in domestic public radio services.

1.812 Reports regarding premature destruction of records. 1.813 Reports of negotiations regarding foreign communication matters.

1.814 Reports regarding free service rendered the Government for national defense.

1.815 Reports of annual employment.

1.923 Waiver of construction permit requirement.

1.924 Assignment or transfer of control, voluntary and involuntary.

1.925 Application for special temporary authorization, temporary permit, temporary operating authority, or interim amateur permit.

1.926 Application for renewal of license.

1.927 Application for ship radio inspection or periodical survey of ships subject to compulsory radio requirements.

1.928 Procedure with respect to applications for ship radio inspection or periodical survey.

1.929 Application for exemption from compulsory ship radio requirements.

1.930 Application for temporary waiver of annual inspection. 1.931 [Reserved]

1.932 Time in which station must be placed in operation. 1.933 Installation or removal of apparatus.

1.934 Procedure with respect to amateur radio operator license.

1.1201

Definitions.

1.1203 Restricted adjudicative proceedings.

1.1205 Decision-making Commission personnel (restricted adjudicative proceedings).

1.1207 Restricted rule making proceedings.

1.1209 Decision-making Commission personnel (restricted rule making proceedings).

1.1211 Non-restricted rule making proceedings.

1.1213 Decision-making Commission personnel (non-restricted rule making proceedings).

PROHIBITED PRESENTATIONS

1.1221 Presentations prohibited in restricted proceedings which have been designated for hearing.

1.1223 Presentations prohibited in restricted adjudicative proceedings prior to their designation for hearing. 1.1225 Solicitation of ex parte presentations. 1.1227 Permissible ex parte communications. 1.1229 Presentations prohibited in restricted, informal rule making proceedings.

1.1231 Presentations in non-restricted informal rule making pro

ceedings.

PROCEDURES FOR HANDLING EX PARTE COMMUNICATIONS

1.1241 Written ex parte communications. 1.1243 Oral ex parte communications.

1.1245 Disclosure of information concerning ex parte presentations.

§ 1.1 Proceedings before the Commission.

The Commission may on its own motion or petition of any interested party hold such proceedings as it may deem necessary from time to time in connection with the investigation of any matter which it has power to investigate under the law, or for the purpose of obtaining information necessary or helpful in the determination of its policies, the carrying out of its duties or the formulation or amendment of its rules and regulations. For such purposes it may subpena witnesses and require the production of evidence. Procedures to be followed by the Commission shall, unless specifically prescribed in this part, be such as in the opinion of the Commission will best serve the purposes of such proceedings.

(Sec. 403, 48 Stat. 1094; 47 U.S.C. 403)

§ 1.2 Declaratory rulings.

The Commission may, in accordance with section 5(d) of the Administrative Procedure Act, on motion or on its own motion issue a declaratory ruling terminating a controversy or removing uncertainty.

(5 U.S.C. 554)

§ 1.3 Suspension, amendment, or waiver of rules.

The provisions of this chapter may be suspended, revoked, amended, or waived for good cause shown, in whole or in part, at any time by the Commission, subject to the provisions of the Administrative Procedure Act and the provisions of this chapter. Any provision of the rules may be waived by the Commission on its own motion or on petition if good cause therefor is shown.

CROSS REFERENCE: See Subpart C of this part for practice and procedure involving rulemaking.

§ 1.4 Computation of time.

(a) It is frequently necessary under Commission procedures to compute the terminal date of a period of time where the period begins with the occurrence of an act, event, or default and terminates a specified number of days thereafter. Unless otherwise provided by statute, the first day to be counted in computing the terminal date is the day after the day on which the act, event, or default occurs. The last day of such period of time is included in the computation and any action required must be taken on or before that day.

(b) Except as otherwise provided by law, the first day to be counted when a period of time begins with an action taken by the Commission, an Administrative Law Judge, or by members of the Commission or its staff pursuant to delegated authority is the day after the day on which public notice of that action is given. Usually, such actions take the form of a document. The date of public notice commences at 3 P.M. Eastern Time on the day after any of the following dates:

(1) For documents in notice and comment rulemaking proceedings, the date of publication in the FEDERAL REGISTER.

(2) For other documents released by the Commission (whether or not published in the FEDERAL REGISTER), the release date. A document is "released" by making the full text available to the press and the public in the Commission's Information Office. The release date appears on the face of the document.

(3) If the full text of an action document is not to be released by the Commission but a descriptive document entitled "Public Notice" describing the action is released, the date on which the descriptive "Public Notice" is released.

(4) If a document is neither published in the FEDERAL REGISTER nor released and if a descrip

tive document entitled "Public Notice" is not released, the date on which the document is sent (i.e., mailed, telegraphed, etc.) to persons affected by the action.

(c) All petitions, pleadings, tariffs, or other documents filed with the Commission must be tendered for filing in complete form before 5:30 p.m., in the Office of the Secretary.

(d) For purposes of this section, the term "holiday" shall include Saturdays, Sundays, legal holidays or half holidays in the District of Columbia, and any other day on which the Commission's offices are closed prior to 5:30 p.m. The term "business day" shall include all other days.

(e) For purposes of this section, the term "filing period" means the number of days allowed or prescribed by statute, rule, order, notice, or other Commission action for filing any document with the Commission; the term does not include any additional days allowed for filing any document under paragraph (f), (g), or (i) of this section. The term "filing date" means the date upon which the document must be filed after all computations authorized by this section have been made.

(f) If the filing period is less than 7 days, intermediate holidays shall not be counted in determining the filing date.

(g) Where service of a document is required by statute or by the provisions of this chapter, where the document is in fact served upon parties by mail (see § 1.47(f)), and where the filing period for a response is 10 days or less, an additional 3 days (not counting holidays) will be allowed for filing the response. This paragraph shall not apply to documents which are filed pursuant to the provisions of § 1.89, § 1.20(d), § 1.315(b), or § 1.316.

(h) If both paragraphs (f) and (g) of this section are applicable, make the computations called for by paragraph (f) before making those called for by paragraph (g).

(i) If the filing date falls on a holiday, the document shall be filed on the next business day.

NOTE: Where specific provisions contained in Part 1 conflict with this section, those specific provisions are controlling. See, in particular, §§ 1.773(a)(3) and 1.773(b)(2).

(Secs. 4, 303, 307, 48 Stat., as amended, 1966, 1070, 1082, 1083; 47 U.S.C. 154, 203, 303, 307)

[28 FR 12415, Nov. 22, 1963, as amended at 41 FR 17911, Apr. 29, 1976; 42 FR 25735, May 19, 1977; 42 FR 63788, Dec. 20, 1977; 44 FR 39180, July 5, 1979; 45 FR 64190, Sept. 29, 1980; 46 FR 18556, Mar. 25, 1981]

§ 1.5 Mailing address furnished by licensee.

(a) Each licensee shall furnish the Commission with an address to be used by the Commission in serving documents or directing correspondence to that licensee. Unless any licensee advises the Commission to the contrary, the address contained in the licensee's most recent application will be used by the Commission for this purpose.

(b) The licensee is responsible for making any arrangements which may be necessary in his par

ticular circumstances to assure that Commission documents or correspondence delivered to this address will promptly reach him or some person authorized by him to act in his behalf.

§ 1.6 Availability of station logs and records for Commission inspection.

(a) Station records and logs shall be made available for inspection or duplication at the request of the Commission or its representative. Such logs or records may be removed from the licensee's possession by a Commission representative or, upon request, shall be mailed by the licensee to the Commission by either registered mail, return receipt requested, or certified mail, return receipt requested. The return receipt shall be retained by the licensee as part of the station records until such records or logs are returned to the licensee. A receipt shall be furnished when the logs or records are removed from the licensee's possession by a Commission representative and this receipt shall be retained by the licensee as part of the station records until such records or logs are returned to the licensee. When the Commission has no further need for such records or logs, they shall be returned to the licensee. The provisions of this rule shall apply solely to those station logs and records which are required to be maintained by the provisions of this chapter.

(b) Where records or logs are maintained as the official records of a recognized law enforcement agency and the removal of the records from the possession of the law enforcement agency will hinder its law enforcement activities, such records will not be removed pursuant to this section if the chief of the law enforcement agency promptly certifies in writing to the Federal Communications Commission that removal of the logs or records will hinder law enforcement activities of the agency, stating insofar as feasible the basis for his decision and the date when it can reasonably be expected that such records will be released to the Federal Communications Commission.

§ 1.8 Withdrawal of papers.

The granting of a request to dismiss or withdraw an application or a pleading does not authorize the removal of such application or pleading from the Commission's records.

§ 1.10 Transcript of testimony; copies of documents submitted.

In any matter pending before the Commission, any person submitting data or evidence, whether acting under compulsion or voluntarily, shall have the right to retain a copy thereof, or to procure a copy of any document submitted by him, or of any transcript made of his testimony, upon payment of the charges therefor to the person furnishing the same, which person may be desig