Goto Section: 73.3601 | 73.3605 | Table of Contents
FCC 73.3603
Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 73.3603 Special waiver procedure relative to applications.
(a) In the case of any broadcast applications designated for hearing, the
parties may request the FCC to grant or deny an 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
FCC a waiver in accordance with paragraph (e) 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
FCC will decide whether the case is an appropriate one for determination
without the presentation of oral testimony. If it is determined by the FCC
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 FCC concludes that the case can appropriately be
decided without the presentation of oral testimony, the record will be
considered as closed as of the date the waivers of all the parties were
first on file with the FCC.
(b) In all cases considered in accordance with this procedure, the FCC will
decide the case on the basis of the information contained in the
applications and in any other papers pertaining to the applicants or
applications which are open to public inspection and which were on file with
the FCC when the record was closed. The FCC may call upon any party to
furnish any additional information which the FCC 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within 10 days of the service of such information the waiver is withdrawn.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) Any decision by the FCC rendered pursuant to this section will be in the
nature of a final decision, unless otherwise ordered by the FCC.
(d) By agreeing to the waiver procedure prescribed in this section, no party
shall be deemed to waive the right to petition for reconsideration or
rehearing, or to appeal to the courts from any adverse final decision of the
FCC.
(e) The waiver provided for by this section shall be in the following form:
Waiver
Name of applicantCall lettersDocket No.
The undersigned hereby requests the FCC to consider its application and
grant or deny it in accordance with the procedure prescribed in Sec. 73.3603 of
the FCC's rules and regulations. It is understood that all the terms and
provisions of ____ are incorporated in this waiver.
[ 44 FR 38511 , July 2, 1979]
Goto Section: 73.3601 | 73.3605
Goto Year: 2006 |
2008
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