Goto Section: 22.929 | 22.936 | Table of Contents
FCC 22.935
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 22.935 Procedures for comparative renewal proceedings.
The procedures in this section apply to comparative renewal proceedings in
the Cellular Radiotelephone Service.
(a) If one or more of the applications competing with an application for
renewal of a cellular authorization are filed, the renewal applicant must
file with the Commission its original renewal expectancy showing
electronically via the ULS. This filing must be submitted no later than 60
days after the date of the Public Notice listing as acceptable for filing
the renewal application and the competing applications.
(b) Interested parties may file petitions to deny any of the mutually
exclusive applications. Any such petitions to deny must be filed no later
than 30 days after the date that the renewal applicant submitted its renewal
expectancy showing. Applicants may file replies to any petitions to deny
applications that are filed. Any such replies must be filed no later than 15
days after the date that the petition(s) to deny was filed. No further
pleadings will be accepted.
(c) In most instances, the renewal application and any competing
applications will be designated for a two-step procedure. An Administrative
Law Judge (Presiding Judge) will conduct a threshold hearing (step one), in
which both the licensee and the competing applicants will be parties, to
determine whether the renewal applicant deserves a renewal expectancy. If
the order designating the applications for hearing specifies any basic
qualifying issues against the licensee, those issues will be tried in this
threshold hearing. If the Presiding Judge determines that the renewal
applicant is basically qualified and due a renewal expectancy, the competing
applicants will be found ineligible for further consideration and their
applications will be denied. If the Presiding Judge determines that the
renewal applicant does not merit a renewal expectancy but is otherwise
qualified, then all of the applications will be considered in a comparative
hearing (step two).
(d) Any competing applicant may request a waiver of the threshold hearing
(step one), if such applicant demonstrates that its proposal so far exceeds
the service already being provided that there would be no purpose in making
a threshold determination as to whether the renewal applicant deserved a
renewal expectancy vis-a-vis such a competing applicant. Any such waiver
request must be filed at the time the requestor's application is filed.
Petitions opposing such waiver requests may be filed. Any such petitions
must be filed no later than 30 days after the date that the renewal
applicant submitted its renewal expectancy showing. Replies to any petitions
opposing such waiver requests may be filed. Any such replies must be filed
no later than 15 days after the date that the petition(s) were filed. No
further pleadings will be accepted. Any waiver request submitted pursuant to
this paragraph will be acted upon prior to designating the applications for
hearing. If a request to waive the threshold hearing (step one) is granted,
the renewal expectancy issue will be designated as part of the comparative
hearing (step two), and will remain the most important comparative factor in
deciding the case, as provided in Sec. 22.940(a).
(e) If the Presiding Judge issues a ruling in the threshold (step one) that
denies the licensee a renewal expectancy, all of the applicants involved in
the proceeding will be allowed to file direct cases no later than 90 days
after the release date of the Presiding Judge's ruling. Rebuttal cases must
be filed no later than 30 days after the date that the direct cases were
filed.
(f) The Presiding Judge shall use the expedited hearing procedures
delineated in this paragraph in both threshold (step one) and comparative
(step two) hearings conducted in comparative cellular renewal proceedings.
(1) The Presiding Judge will schedule a first hearing session as soon as
practicable after the date for filing rebuttal evidence. This first session
will be an evidentiary admission session at which each applicant will
identify and offer its previously circulated direct and rebuttal exhibits,
and each party will have an opportunity to lodge objections.
(2) After accepting the exhibits into evidence, the Presiding Judge will
entertain motions to cross-examine and rule whether any sponsoring witness
needs to be produced for cross-examination.
Determination of what, if any, cross-examination is necessary is within the
sound judicial discretion of the Presiding Judge, the prevailing standard
being whether the person requesting cross-examination has persuasively
demonstrated that written evidence is ineffectual to develop proof. If
cross-examination is necessary, the Presiding Judge will specify a date for
the appearance of all witnesses. In addition, if the designation order
points out an area where additional underlying data is needed, the Presiding
Judge will have the authority to permit the limited use of discovery
procedures. Finally, the Presiding Judge may find that certain additional
testimony or cross-examination is needed to provide a complete record for
the FCC. If so, the Presiding Judge may schedule a further session.
(3) After the hearing record is closed, the Presiding Judge may request
Proposed Findings of Fact and Conclusions of Law to be filed no later than
30 days after the final hearing session. Replies are not permitted except in
unusual cases and then only with respect to the specific issues named by the
Presiding Judge.
(4) The Presiding Judge will then issue an Initial Decision, preferably
within 60 days of receipt of the last pleadings. If mutually exclusive
applications are before the Presiding Judge, the Presiding Judge will
determine which applicant is best qualified. The Presiding Judge may also
rank the applicants in order of merit if there are more than two.
(5) Parties will have 30 days in which to file exceptions to the Initial
Decision.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 62 FR 4172 , Jan. 29, 1997; 63 FR 68951 , Dec. 14, 1998]
Goto Section: 22.929 | 22.936
Goto Year: 2007 |
2009
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