Goto Section: 1.62 | 1.68 | Table of Contents
FCC 1.65
Revised as of October 1, 2009
Goto Year:2008 |
2010
§ 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 § 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 § § 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: 2008 |
2010
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