Goto Section: 1.88 | 1.91 | Table of Contents
FCC 1.89
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.89 Notice of violations.
(a) Except in cases of willfulness or those in which public health,
interest, or safety requires otherwise, any person who holds a license,
permit or other authorization appearing to have violated any provision of
the Communications Act or any provision of this chapter will, before
revocation, suspension, or cease and desist proceedings are instituted, be
served with a written notice calling these facts to his or her attention and
requesting a statement concerning the matter. FCC Form 793 may be used for
this purpose. The Notice of Violation may be combined with a Notice of
Apparent Liability to Monetary Forfeiture. In such event, notwithstanding
the Notice of Violation, the provisions of § 1.80 apply and not those of
§ 1.89.
(b) Within 10 days from receipt of notice or such other period as may be
specified, the recipient shall send a written answer, in duplicate, directly
to the Commission office originating the official notice. If an answer
cannot be sent or an acknowledgment cannot be made within such 10-day period
by reason of illness or other unavoidable circumstance, acknowledgment and
answer shall be made at the earliest practicable date with a satisfactory
explanation of the delay.
(c) The answer to each notice shall be complete in itself and shall not be
abbreviated by reference to other communications or answers to other
notices. In every instance the answer shall contain a statement of action
taken to correct the condition or omission complained of and to preclude its
recurrence. In addition:
(1) If the notice relates to violations that may be due to the physical or
electrical characteristics of transmitting apparatus and any new apparatus
is to be installed, the answer shall state the date such apparatus was
ordered, the name of the manufacturer, and the promised date of delivery. If
the installation of such apparatus requires a construction permit, the file
number of the application shall be given, or if a file number has not been
assigned by the Commission, such identification shall be given as will
permit ready identification of the application.
(2) If the notice of violation relates to lack of attention to or improper
operation of the transmitter, the name and license number of the operator in
charge (where applicable) shall be given.
[ 48 FR 24890 , June 3, 1983]
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Goto Section: 1.88 | 1.91
Goto Year: 2014 |
2016
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