Goto Section: 1.211 | 1.223 | Table of Contents
FCC 1.221
Revised as of October 1, 2010
Goto Year:2009 |
2011
§ 1.221 Notice of hearing; appearances.
(a) Upon designation of an application for hearing, the Commission
issues an order containing the following:
(1) A statement as to the reasons for the Commission's action.
(2) A statement as to the matters of fact and law involved, and the
issues upon which the application will be heard.
(3) A statement as to the time, place, and nature of the hearing. (If
the time and place are not specified, the order will indicate that the
time and place will be specified at a later date.)
(4) A statement as to the legal authority and jurisdiction under which
the hearing is to be held.
(b) The order designating an application for hearing is mailed to the
applicant by the Reference Information Center of the Consumer and
Governmental Affairs Bureau and this order or a summary thereof is
published in theFederal Register.Reasonable notice of hearing will be
given to the parties in all proceedings; and, whenever possible, the
Commission will give at least 60 days notice of comparative hearings.
(c) In order to avail himself of the opportunity to be heard, the
applicant, in person or by his attorney, shall, within 20 days of the
mailing of the notice of designation for hearing by the Reference
Information Center of the Consumer and Governmental Affairs Bureau,
file with the Commission, in triplicate, a written appearance stating
that he will appear of the date fixed for hearing and present evidence
on the issues specified in the order. Where an applicant fails to file
such a written appearance within the time specified, or has not filed
prior to the expiration of that time a petition to dismiss without
prejudice, or a petition to accept, for good cause shown, such written
appearance beyond expiration of said 20 days, the application will be
dismissed with prejudice for failure to prosecute.
(d) The Commission will on its own motion name as parties to the
hearing any person found to be a party in interest.
(e) In order to avail himself of the opportunity to be heard, any
person named as a party pursuant to paragraph (d) of this section
shall, within 20 days of the mailing of the notice of his designation
as a party, file with the Commission, in person or by attorney, a
written appearance in triplicate, stating that he will appear at the
hearing. Any person so named who fails to file this written statement
within the time specified, shall, unless good cause for such failure is
shown, forfeit his hearing rights.
(f)(1) A fee must accompany each written appearance filed with the
Commission in certain cases designated for hearing. See subpart G, part
1 for the amount due. Except as provided in paragraph (g) of this
section, the fee must accompany each written appearance at the time of
its filing and must be in conformance with the requirements of subpart
G of the rules. A written appearance that does not contain the proper
fee, or is not accompanied by a deferral request as per § 1.1115 of the
rules, shall be dismissed and returned to the applicant by the fee
processing staff. The presiding judge will be notified of this action
and may dismiss the applicant with prejudice for failure to prosecute
if the written appearance is not resubmitted with the correct fee
within the original 20 day filing period.
Note: If the parties file a settlement agreement prior to filing the
Notice of Appearance or simultaneously with it, the hearing fee need
not accompany the Notice of Appearance. In filing the Notice of
Appearance, the applicant should clearly indicate that a settlement
agreement has been filed. (The fact that there are ongoing negotiations
that may lead to a settlement does not affect the requirement to pay
the fee.) If a settlement agreement is not effectuated, the Presiding
Judge will require immediate payment of the fee.
(2) When a fee is required to accompany a written appearance as
described in paragraph (f)(1) of this section, the written appearance
must also contain FCC Registration Number (FRN) in conformance with
subpart W of this part. The presiding judge will notify the party
filing the appearance of the omitted FRN and dismiss the applicant with
prejudice for failure to prosecute if the written appearance is not
resubmitted with the FRN within ten (10) business days of the date of
notification.
(g) In comparative broadcast proceedings involving applicants for new
facilities, where the hearing fee was paid before designation of the
applications for hearing as required by the Public Notice described at
§ 73.3571(c), § 73.3572(d), or § 73.3573(g) of this chapter, a hearing
fee payment should not be made with the filing of the Notice of
Appearance.
(5 U.S.C. 554. Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309)
[28 12424, Nov. 22, 1963, as amended at 51 FR 19347 , May 29, 1986; 52 FR 5288 , Feb. 20, 1987; 55 FR 19154 , May 8, 1990; 56 FR 25638 , June 5,
1991; 64 FR 60725 , Nov. 8, 1999; 66 FR 47895 , Sept. 14, 2001; 67 FR 13223 , Mar. 21, 2002]
Goto Section: 1.211 | 1.223
Goto Year: 2009 |
2011
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public