Goto Section: 1.62 | 1.68 | Table of Contents
FCC 1.65
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 1.65 Substantial and significant changes in information furnished by
applicants to the Commission.
(a) Each applicant is responsible for the continuing accuracy and
completeness of information furnished in a pending application or in
Commission proceedings involving a pending application. Whenever the
information furnished in the pending application is no longer substantially
accurate and complete in all significant respects, the applicant shall as
promptly as possible and in any event within 30 days, unless good cause is
shown, amend or request the amendment of his application so as to furnish
such additional or corrected information as may be appropriate. Whenever
there has been a substantial change as to any other matter which may be of
decisional significance in a Commission proceeding involving the pending
application, the applicant shall as promptly as possible and in any event
within 30 days, unless good cause is shown, submit a statement furnishing
such additional or corrected information as may be appropriate, which shall
be served upon parties of record in accordance with Sec. 1.47. Where the matter
is before any court for review, statements and requests to amend shall in
addition be served upon the Commission's General Counsel. For the purposes
of this section, an application is “pending” before the Commission from the
time it is accepted for filing by the Commission until a Commission grant or
denial of the application is no longer subject to reconsideration by the
Commission or to review by any court.
(b) Applications in broadcast services subject to competitive bidding will
be subject to the provisions of Sec. Sec. 1.2105(b), 73.5002 and 73.3522 of this
chapter regarding the modification of their applications.
(c) All broadcast permittees and licensees must report annually to the
Commission any adverse finding or adverse final action taken by any court or
administrative body that involves conduct bearing on the permittee's or
licensee's character qualifications and that would be reportable in
connection with an application for renewal as reflected in the renewal form.
If a report is required by this paragraph(s), it shall be filed on the
anniversary of the date that the licensee's renewal application is required
to be filed, except that licensees owning multiple stations with different
anniversary dates need file only one report per year on the anniversary of
their choice, provided that their reports are not more than one year apart.
Permittees and licensees bear the obligation to make diligent, good faith
efforts to become knowledgeable of any such reportable adjudicated
misconduct.
Note: The terms adverse finding and adverse final action as used in
paragraph (c) of this section include adjudications made by an ultimate
trier of fact, whether a government agency or court, but do not include
factual determinations which are subject to review de novo unless the time
for taking such review has expired under the relevant procedural rules. The
pendency of an appeal of an adverse finding or adverse final action does not
relieve a permittee or licensee from its obligation to report the finding or
action.
[ 48 FR 27200 , June 13, 1983, as amended at 55 FR 23084 , June 6, 1990; 56 FR 25635 , June 5, 1991; 56 FR 44009 , Sept. 6, 1991; 57 FR 47412 , Oct. 16, 1992;
63 FR 48622 , Sept. 11, 1998; 69 FR 72026 , Dec. 10, 2004]
Goto Section: 1.62 | 1.68
Goto Year: 2007 |
2009
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