Goto Section: 1.211 | 1.223 | Table of Contents
FCC 1.221
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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 the Federal 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.
(h)(1) For program carriage complaints filed pursuant to § 76.1302 of this
chapter that the Chief, Media Bureau refers to an administrative law judge
for an initial decision, each party, in person or by attorney, shall file a
written appearance within five calendar days after the party informs the
Chief Administrative Law Judge that it elects not to pursue alternative
dispute resolution pursuant to § 76.7(g)(2) of this chapter or, if the
parties have mutually elected to pursue alternative dispute resolution
pursuant to § 76.7(g)(2) of this chapter, within five calendar days after the
parties inform the Chief Administrative Law Judge that they have failed to
resolve their dispute through alternative dispute resolution. The written
appearance shall state that the party will appear on the date fixed for
hearing and present evidence on the issues specified in the hearing
designation order.
(2) If the complainant fails to file a written appearance by this deadline,
or fails to file prior to the deadline either a petition to dismiss the
proceeding without prejudice or a petition to accept, for good cause shown,
a written appearance beyond such deadline, the Chief Administrative Law
Judge shall dismiss the complaint with prejudice for failure to prosecute.
(3) If the defendant fails to file a written appearance by this deadline, or
fails to file prior to this deadline a petition to accept, for good cause
shown, a written appearance beyond such deadline, its opportunity to present
evidence at hearing will be deemed to have been waived. If the hearing is so
waived, the Chief Administrative Law Judge shall expeditiously terminate the
proceeding and certify to the Commission the complaint for resolution based
on the existing record.
(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; 76 FR 60672 , Sept. 29, 2011]
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Goto Section: 1.211 | 1.223
Goto Year: 2014 |
2016
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