§ 1.87   Modification of license or construction permit on motion of the
Commission.

   (a) Whenever it appears that a station license or construction permit
   should be modified, the Commission shall notify the licensee or
   permittee in writing of the proposed action and reasons therefor, and
   afford the licensee or permittee at least thirty days to protest such
   proposed order of modification, except that, where safety of life or
   property is involved, the Commission may by order provide a shorter
   period of time.

   (b) The notification required in paragraph (a) of this section may be
   effectuated by a notice of proposed rule making in regard to a
   modification or addition of an FM or television channel to the Table of
   Allotments (§ § 73.202 and 73.504) or Table of Assignments (§ 73.606).
   The Commission shall send a copy of any such notice of proposed rule
   making to the affected licensee or permittee by certified mail, return
   receipt requested.

   (c) Any other licensee or permittee who believes that its license or
   permit would be modified by the proposed action may also protest the
   proposed action before its effective date.

   (d) Any protest filed pursuant to this section shall be subject to the
   requirements of section 309 of the Communications Act of 1934, as
   amended, for petitions to deny.

   (e) In any case where a hearing is conducted pursuant to the provisions
   of this section, both the burden of proceeding with the introduction of
   evidence and the burden of proof shall be upon the Commission except
   that, with respect to any issue that pertains to the question of
   whether the proposed action would modify the license or permit of a
   person filing a protest pursuant to paragraph (c) of this section, such
   burdens shall be as described by the Commission.

   (f) In order to utilize the right to a hearing and the opportunity to
   appear and give evidence upon the issues specified in any hearing
   order, the licensee or permittee, in person or by attorney, shall,
   within the period of time as may be specified in the hearing order,
   file with the Commission a written statement stating that he or she
   will appear at the hearing and present evidence on the matters
   specified in the hearing order.

   (g) The right to file a protest or have a hearing shall, unless good
   cause is shown in a petition to be filed not later than 5 days before
   the lapse of time specified in paragraph (a) or (f) of this section, be
   deemed waived:

   (1) In case of failure to timely file the protest as required by
   paragraph (a) of this section or a written statement as required by
   paragraph (f) of this section.

   (2) In case of filing a written statement provided for in paragraph (f)
   of this section but failing to appear at the hearing, either in person
   or by counsel.

   (h) Where the right to file a protest or have a hearing is waived, the
   licensee or permittee will be deemed to have consented to the
   modification as proposed and a final decision may be issued by the
   Commission accordingly. Irrespective of any waiver as provided for in
   paragraph (g) of this section or failure by the licensee or permittee
   to raise a substantial and material question of fact concerning the
   proposed modification in his protest, the Commission may, on its own
   motion, designate the proposed modification for hearing in accordance
   with this section.

   (i) Any order of modification issued pursuant to this section shall
   include a statement of the findings and the grounds and reasons
   therefor, shall specify the effective date of the modification, and
   shall be served on the licensee or permittee.

   [ 52 FR 22654 , June 15, 1987]

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