FCC Web Documents citing 1.221

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2183A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2183A1.pdf
  • determine whether Jack R. Sharples is qualified to be a Commission licensee. In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Jack R. Sharples should be granted. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. � 1.221(c), in order to avail himself of the opportunity to be heard, Jack R. Sharples, in person or by his attorney, SHALL FILE with the Commission, within twenty days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for hearing
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2184A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2184A1.pdf
  • determine whether Frank C. Richards is qualified to be a Commission licensee. In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Frank C. Richards should be granted. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. � 1.221(c), in order to avail himself of the opportunity to be heard, Frank C. Richards, in person or by his attorney, SHALL FILE with the Commission, within twenty calendar days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2185A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2185A1.pdf
  • David O. Castle is qualified to be and remain a Commission licensee; To determine, in light of the evidence adduced pursuant to the foregoing issues, whether the captioned application filed by David O. Castle should be granted. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. � 1.221(c), in order to avail himself of the opportunity to be heard, David O. Castle, in person or by his attorney, SHALL FILE with the Commission, within twenty calendar days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1370A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1370A1.pdf
  • rules, in an amount not to exceed $325,000; Sections 73.1350(a), 73.1560(b) and (d), and 73.1745(a) of the Commission's rules, in an amount not to exceed $325,000; and Section 11.35(a) of the Commission's rules, in an amount not to exceed $325,000; for any such violations that occurred or continued within the applicable statute of limitations. Pursuant to Section 1.91(c) and Section 1.221(c) of the Commission's rules, the Hearing Designation Order ordered Mr. Hammond, to file a written notice of appearance stating that he would appear on the specified hearing date and present evidence on the designated issues. In addition, the Hearing Designation Order informed Mr. Hammond that if he failed to file a written notice of appearance, the Station's renewal application would
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-125A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-125A1.pdf
  • SHALL BE ADDRESSED to Gary A. Oshinsky and Anjali K. Singh, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 4-C330, Washington, D.C. 20554. IT IS FURTHER ORDERED, that, to avail themselves of the opportunity to be heard and the right to present evidence at a hearing in these proceedings, pursuant to sections 1.91(c) and 1.221of the Commission's Rules, each of the captioned individuals and entities, in person or by attorney, shall file within 30 calendar days of the release of this Order, a written appearance in triplicate stating that they will appear at the hearing and present evidence on matters specified in this Order. If any of the captioned individuals or entities fails to file
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  • the evidence adduced under the foregoing issues, the amount of damages, if any, to which each Complainant is entitled; (5) To determine the amount of interest, if any, that each Complainant shall be awarded. IT IS FURTHER ORDERED, that to avail themselves of the opportunity to be heard and the right to present evidence, the designated parties, pursuant to section 1.221 (c) of the Commission's rules SHALL FILE in triplicate, within twenty (20) days of the mailing of this Order by the Secretary, a WRITTEN NOTICE OF APPEARANCE, stating an intention to appear on the date fixed for the hearing and present evidence on the issues specified in this Order. IT IS FURTHER ORDERED, that the rules of practice and procedure
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  • is entitled as a result of each violation of law found in the Liability Order; and (2) To determine the amount of interest, if any, that each Complainant shall be awarded. IT IS FURTHER ORDERED that, to avail themselves of the opportunity to be heard and the right to present evidence, AT&T, MCI, and U S WEST, pursuant to section 1.221(c) of the Commission's rules, 47 C.F.R. � 1.221(c), SHALL FILE in triplicate, within twenty (20) days of the mailing of this Order, a WRITTEN NOTICE OF APPEARANCE, stating an intention to appear on the date fixed for the hearing and present evidence on the issues specified in this Order. IT IS FURTHER ORDERED that the hearing will be conducted in
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  • tower or FAA flight service station. Under Section 87.215(b) of the Commission's Rules, only one unicom station may be licensed at such airports. Accordingly, these applications are mutually exclusive and must therefore be designated for comparative hearing. Accordingly, IT IS ORDERED that, pursuant to Section 309(e) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(e), and Section 1.221(a) of the Commission's Rules, 47 C.F.R. � 1.221(a), the above-captioned applications ARE DESIGNATED FOR HEARING IN A CONSOLIDATED PROCEEDING to resolve the following issues: a. To determine which applicant would provide the public with better unicom service based on the following considerations: (1) location of the fixed-based operation and proposed radio station in relation to the landing area and traffic
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  • Under Section 87.215(b) of the Commission's Rules, only one unicom station may be licensed at such airports. Accordingly, the applicants are basically qualified, but these applications are mutually exclusive and must therefore be designated for comparative hearing. Accordingly, IT IS ORDERED that, pursuant to Section 309(e) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(e), and Section 1.221(a) of the Commission's Rules, 47 C.F.R. � 1.221(a), the above-captioned applications ARE DESIGNATED FOR HEARING IN A CONSOLIDATED PROCEEDING before an FCC Administrative Law Judge to resolve the following issues: a. To determine which applicant would provide the public with better unicom service based on the following considerations: (1) location of the fixed-based operation and proposed radio station in relation
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  • fee for a hearing in the DBS service in two instances: new and major/minor change, comparative construction permit hearings, and comparative license renewal hearings. Neither applies here. Further, in establishing the fee program, the Commission stated that with respect to fees for hearings, ``we will not assess a fee in the following situations: individuals or organizations named parties (47 C.F.R. �1.221); intervenors (47 C.F.R. �1.223); non-parties who wish to appear and give evidence (47 C.F.R. �1.225) . . . .'' Establishment of a Fee Collection Program to Implement the Provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985, Report and Order, 2 FCC Rcd 947, 966 � 143, 971 � 191, 985 n.134 (1987). Accordingly, even if Section 1.1107 specified
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  • whether Richard A. Burton is qualified to be a Commission licensee. (d) In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Richard A. Burton should be granted. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. � 1.221(c), in order to avail himself of the opportunity to be heard, Burton, in person or by his attorney, SHALL FILE with the Commission, within twenty days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for hearing and present
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2607A1_Erratum.doc
  • whether Richard A. Burton is qualified to be a Commission licensee. (d) In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Richard A. Burton should be granted. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. � 1.221(c), in order to avail himself of the opportunity to be heard, Burton, in person or by his attorney, SHALL FILE with the Commission, within twenty days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for hearing and present
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  • whether Richard A. Burton is qualified to be a Commission licensee. (d) In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Richard A. Burton should be granted. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. � 1.221(c), in order to avail himself of the opportunity to be heard, Burton, in person or by his attorney, SHALL FILE with the Commission, within twenty days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for hearing and present
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3048A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3048A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3048A1.txt
  • the following issue: Whether Gulf Power is entitled to receive compensation above marginal costs for any attachments to its poles belonging to the Cable Operators, and, if so, the amount of any such compensation. IT IS FURTHER ORDERED, that to avail themselves of the opportunity to be heard and the right to present evidence, the designated parties, pursuant to section 1.221(c) of the Commission's rules, SHALL FILE in triplicate, within twenty (20) days of the mailing of this Order by the Secretary, a WRITTEN NOTICE OF APPEARANCE, stating an intention to appear on the date fixed for the hearing and present evidence on the issue specified in this Order. IT IS FURTHER ORDERED, that this hearing will be governed by the
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  • issue: To establish the terms and conditions of a time sharing arrangement, including the hours of the day throughout the year during which each licensee is to operate, and to set forth such terms and conditions in a written document. Such arrangement shall not include simultaneous operation of the stations. IT IS FURTHER ORDERED, that pursuant to 47 C.F.R. Section 1.221(b), the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND copies of this Order, by certified mail, return receipt requested, to the parties through counsel, as listed below: Cary S. Tepper, Esquire Booth, Freret, Imlay & Tepper, PC 7900 Wisconsin Avenue, Suite 304 Bethesda, MD 20814-3628 Counsel for Piscataway Board of Education John M. Pelkey, Esquire Garvey Schubert
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  • the licensee of K216EQ. The OSC also ordered that the Presiding Judge, notwithstanding the resolution of the designated issues, determine whether the Commission should impose a monetary forfeiture against KCI for violations of sections 74.1231(b), 74.1231(f), 74.1231(g), 74.1284(b) and 73.1015 of the Commission's rules. The OSC set the maximum forfeiture amount at $300,000. The OSC ordered KCI, pursuant to section 1.221(c) of the Commission's rules, within twenty (20) days of the date of the mailing of the OSC, in person or by its attorney, to file a written notice of appearance in order to avail itself of the opportunity to be heard. The OSC directed that the notice of appearance state that KCI would appear on the date fixed for the
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  • operation restricted to Piscataway Board of Education would result in more effective use of the specified channel than would a time sharing arrangement between Piscataway Board of Education and King's Temple Ministries, Inc., grant the application of Piscataway Board of Education and deny the application of King's Temple Ministries, Inc. IT IS FURTHER ORDERED, That pursuant to 47 C.F.R. Section 1.221(b), the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND copies of this Order, by certified mail, return receipt requested, to the parties through counsel, as listed below: Cary S. Tepper, Esquire Booth, Freret, Imlay & Tepper, PC 7900 Wisconsin Avenue, Suite 304 Bethesda, MD 20814-3628 Counsel for Piscataway Board of Education John M. Pelkey, Esquire Garvey Schubert
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2487A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2487A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2487A1.txt
  • Joseph W. Hartmann, Jr. is qualified to be a Commission licensee. In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Joseph W. Hartmann, Jr. should be granted. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. � 1.221(c), in order to avail himself of the opportunity to be heard, Hartmann, Jr., in person or by his attorney, SHALL FILE with the Commission, within twenty days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for hearing and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2487A1_Erratum.doc
  • Joseph W. Hartmann, Jr. is qualified to be a Commission licensee. In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Joseph W. Hartmann, Jr. should be granted. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. � 1.221(c), in order to avail himself of the opportunity to be heard, Hartmann, Jr., in person or by his attorney, SHALL FILE with the Commission, within twenty days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for hearing and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-494A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-494A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-494A1.txt
  • Act of 1934, as amended, 47 U.S.C. � 224, and section 1.1404(a) of the Commission's rules, 47 C.F.R. �� 47 C.F.R. �� 1.1404(a), that Entergy's request to dismiss Cox for improper joinder is DENIED; IT IS FURTHER ORDERED that, to avail themselves of the opportunity to be heard and the right to present evidence, the designated parties, pursuant to section 1.221 of the Commission's rules, 47 C.F.R. � 1.221, SHALL FILE in triplicate, within twenty (20) days of the mailing of this Order, a WRITTEN NOTICE OF APPEARANCE, stating an intention to appear on whatever date the ALJ shall fix for the hearing, and to present evidence on the issues specified in this Order. IT IS FURTHER ORDERED, that this hearing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-494A1_Erratum.doc
  • Act of 1934, as amended, 47 U.S.C. � 224, and section 1.1404(a) of the Commission's rules, 47 C.F.R. �� 47 C.F.R. �� 1.1404(a), that Entergy's request to dismiss Cox for improper joinder is DENIED; IT IS FURTHER ORDERED that, to avail themselves of the opportunity to be heard and the right to present evidence, the designated parties, pursuant to section 1.221 of the Commission's rules, 47 C.F.R. � 1.221, SHALL FILE in triplicate, within twenty (20) days of the mailing of this Order, a WRITTEN NOTICE OF APPEARANCE, stating an intention to appear on whatever date the ALJ shall fix for the hearing, and to present evidence on the issues specified in this Order. IT IS FURTHER ORDERED, that this hearing
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  • language to govern the change order process in the FRA entered into between the City of Boston and Sprint Nextel. IT IS FURTHER ORDERED that the burden of proceeding with the introduction of evidence and the burden of proof with respect to all issues specified herein SHALL BE UPON the City of Boston. IT IS FURTHER ORDERED, pursuant to Section 1.221(c) of the Commission's Rules, 47 C.F.R. � 1.221(c), that, to avail themselves of the opportunity to be heard, the City of Boston and Sprint Nextel, by their respective counsel, SHALL EACH FILE with the Commission, in triplicate, within 20 calendar days of the mailing of this Hearing Designation Order, a written appearance stating that it will appear on the date
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  • determine whether Jack R. Sharples is qualified to be a Commission licensee. In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Jack R. Sharples should be granted. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. � 1.221(c), in order to avail himself of the opportunity to be heard, Jack R. Sharples, in person or by his attorney, SHALL FILE with the Commission, within twenty days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for hearing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2184A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2184A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2184A1.txt
  • determine whether Frank C. Richards is qualified to be a Commission licensee. In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Frank C. Richards should be granted. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. � 1.221(c), in order to avail himself of the opportunity to be heard, Frank C. Richards, in person or by his attorney, SHALL FILE with the Commission, within twenty calendar days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2185A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2185A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2185A1.txt
  • David O. Castle is qualified to be and remain a Commission licensee; To determine, in light of the evidence adduced pursuant to the foregoing issues, whether the captioned application filed by David O. Castle should be granted. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. � 1.221(c), in order to avail himself of the opportunity to be heard, David O. Castle, in person or by his attorney, SHALL FILE with the Commission, within twenty calendar days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2269A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2269A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2269A1.txt
  • Reply to Comcast at �� 55, 80; [REDACTED]. See MASN Reply to Comcast at �� 16, 73. Second Report and Order, 9 FCC Rcd at 2648. Id.; 47 C.F.R. � 76.1302(c)(3). 47 C.F.R. � 76.7(g)(2). Id. In light of the deadline for a Recommended Decision contained in this Order, the deadline for written appearances set forth in 47 C.F.R. � 1.221 is waived and replaced with the deadline set forth above. (continued....) Federal Communications Commission DA 08-2269 Federal Communications Commission DA 08-2269 p q s t � � � ... - � � � � (c) " � � � � � � � � � � q � � (c) � � � � ��������� � � � ' <
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  • F. Crowell is qualified to be and remain a Commission licensee; and, To determine, in light of the evidence adduced pursuant to the foregoing issues, whether the captioned application filed by William F. Crowell should be granted. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. � 1.221(c), in order to avail himself of the opportunity to be heard, William F. Crowell, in person or by his attorney, SHALL FILE with the Commission, within twenty (20) calendar days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1370A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1370A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1370A1.txt
  • rules, in an amount not to exceed $325,000; Sections 73.1350(a), 73.1560(b) and (d), and 73.1745(a) of the Commission's rules, in an amount not to exceed $325,000; and Section 11.35(a) of the Commission's rules, in an amount not to exceed $325,000; for any such violations that occurred or continued within the applicable statute of limitations. Pursuant to Section 1.91(c) and Section 1.221(c) of the Commission's rules, the Hearing Designation Order ordered Mr. Hammond, to file a written notice of appearance stating that he would appear on the specified hearing date and present evidence on the designated issues. In addition, the Hearing Designation Order informed Mr. Hammond that if he failed to file a written notice of appearance, the Station's renewal application would
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  • all reasonable efforts to issue his Initial Decision on an expedited basis. In furtherance of this goal, we encourage the Presiding Judge to place limitations on the discovery tools available to the parties. ordering clauses Accordingly, IT IS ORDERED, that pursuant to Section 409(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 409(a), and Sections 76.7(g) and 1.221 of the Commission's Rules, 47 C.F.R. �� 76.7(g), 1.221, the captioned program carriage complaint filed by The Tennis Channel, Inc. against Comcast Cable Communications, LLC, is DESIGNATED FOR HEARING at a date and place to be specified in a subsequent order by an Administrative Law Judge upon the following issues: (a) To determine whether Comcast has engaged in conduct the
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  • Glenn A. Baxter is qualified to be and remain a Commission licensee; To determine, in light of the evidence adduced pursuant to the foregoing issues, whether the captioned application filed by Glenn A. Baxter should be granted. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. � 1.221(c), in order to avail himself of the opportunity to be heard, Glenn A. Baxter, in person or by his attorney, SHALL FILE with the Commission, within twenty calendar days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-58A1_Rcd.pdf
  • whether Glenn A. Baxter is qualified to be and remain a Commission licensee; e)To determine, in light ofthe evidence adduced pursuant to the foregoing issues, whether the captioned application filed by Glenn A. Baxter should be granted. 15. ITIS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. � 1.221(c), in order to avail himself of the opportunity to be heard, Glenn A. Baxter, in person or by his attorney, SHALL FILE with the Commission, within twenty calendar days of the mailing of this Hearing Designation Orderto him, a written appearance stating that he will appear on the date fixed for hearing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-169A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-169A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-169A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit February 8, 2012 NOTICE OF EFFECTIVE DATE OF PROGRAM CARRIAGE COMPLAINT RULES: 47 C.F.R. �� 1.221(h); 1.229(b)(3), (b)(4); 1.248(a), (b); 76.7(g)(2); 76.1302(c)(1), (d), (e)(1), (k) MB Docket No. 07-42 On July 29, 2011, the Commission adopted the Second Report and Order in MB Docket No. 07-42, which promulgated rules to improve the Commission's procedures for addressing program carriage complaints. These rules became effective on October 31, 2011, except for the following rules which contain new information
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  • of the designation order in the Federal Register. (See �1.223 of this part). (2) For program carriage complaints filed pursuant to � 76.1302 of this part that the Chief, Media Bureau refers to an administrative law judge for an initial decision, such motions shall be filed within 15 calendar days after the deadline for submitting written appearances pursuant to � 1.221(h) of this part, except that persons not named as parties to the proceeding in the designation order may file such motions with their petitions to intervene up to 30 days after publication of the full text or a summary of the designation order in the Federal Register. (See � 1.223 of this part). (3) Any person desiring to file a
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  • to issue his Initial Decision on an expedited basis. In furtherance of this goal, the Presiding Judge may consider placing limitations on the extent of discovery to which the parties may avail themselves. ordering clauses Accordingly, IT IS ORDERED, that pursuant to Section 409(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 409(a), and Sections 76.7(g) and 1.221 of the Commission's Rules, 47 C.F.R. �� 76.7(g), 1.221, the captioned program carriage complaint filed by Game Show Network, LLC against Cablevision Systems Corporation is DESIGNATED FOR HEARING at a date and place to be specified in a subsequent order by an Administrative Law Judge upon the following issues: (a) To determine whether Cablevision has engaged in conduct the effect
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  • whether Richard A. Burton is qualified to be a Commission licensee. (d) In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Richard A. Burton should be granted. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. � 1.221(c), in order to avail himself of the opportunity to be heard, Burton, in person or by his attorney, SHALL FILE with the Commission, within twenty days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for hearing and present
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286077A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286077A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286077A1.txt
  • thereof SHALL BE PUBLISHED in the Federal Register. This action is taken under authority delegated pursuant to Section 0.283 of the Commission's rules, 47 C.F.R. � 0.283. FEDERAL COMMUNICATIONS COMMISSION Monica Shah Desai Chief, Media Bureau In light of the deadline for a Recommended Decision contained in this Order, the deadline for written appearances set forth in 47 C.F.R. � 1.221 is waived and replaced with the deadline set forth above. (continued....) Federal Communications Commission Federal Communications Commission � � �
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  • IS FURTHER ORDERED that, in connection with the potential forfeiture liability noted above, this document constitutes notice, pursuant to Section 503(b)(3)(A) of the Act. 14. IT IS FURTHER ORDERED that, to avail themselves of the opportunity to be heard and to avail themselves of the right to present evidence at a hearing in these proceedings, pursuant to �� 1.91(c) and 1.221(c) of the Commission's Rules, 47 C.F.R. ��1.91(c) and 1.221(c), licensees Ronald Brasher, Patricia Brasher, David Brasher, D.L. Brasher, Carolyn S. Lutz, Jim Sumpter, Norma Sumpter, Melissa Sumpter, Jennifer Hill, DLB Enterprises, Inc. and Metroplex Two-Way Radio Service, in person or by their attorneys, shall each file, within 30 days after receipt of this Order, a written appearance stating that it
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-421A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-421A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-421A1.txt
  • with the payments. Counsel and representatives should take care to ensure that when making payments on behalf of clients, they identify the client and the amount being paid, ensure that the client's FRN is included, and ensure that the FRN provided is the proper one for their client. We seek comment on this proposal. We also propose to amend section 1.221(f) of our Rules, 47 C.F.R. � 1.221(f), to require that when a written appearance that must be accompanied by a fee payment is required, counsel must provide an FRN. In feeable complaint proceedings, we tentatively conclude that either the complainant (or in a multiple party complaint, the lead complainant) and the counsel on behalf of the complainants should submit their
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  • sentence following the first sentence in the introductory text as follows: � 1.77 Detailed application procedures; cross-reference. * * * Applicants should also refer to the Commission rules regarding the payment of statutory charges (subpart G of this part) and the use of the FCC Registration Number (FRN) (see subpart W of this part). * * * * * Section 1.221 is amended by redesignating paragraph (f) as paragraph (f)(1), and adding a new paragraph (f)(2) to read as follows: � 1.221 Notice of hearing; appearances. * * * * * (f) * * * 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
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  • the evidence adduced pursuant to the foregoing issues, to determine whether Kevin David Mitnick is qualified to be and remain a Commission licensee. (c) In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Kevin David Mitnick should be granted. IT IS FURTHER ORDERED that, pursuant to Section 4(i) and Section 1.221(c) of the Commission's Rules, in order to avail himself of the opportunity to be heard, Mr. Mitnick, in person or by his attorney, SHALL FILE with the Commission, within twenty days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for hearing and present evidence on the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-392A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-392A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-392A1.txt
  • subsequent Order, upon the following issues: a. To determine whether Herbert Schoenbohm possesses the requisite character qualifications to be a Commission licensee. b. To determine in light of the evidence adduced under issue (a), whether the captioned applications should be granted. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Section 1.221(c) of our rules, in order to avail himself of the opportunity to be heard, Mr. Schoenbohm, in person or by his attorney, SHALL FILE with the Commission, within twenty days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for hearing and present evidence on the issue
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-10A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-10A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-10A1.txt
  • proceedings on the Enforcement Bureau's Accelerated Docket (see, e.g., �1.730) shall be filed within 15 days of public notice of the decision, as that date is defined in �1.4(b). These applications for review oppositions and replies in Accelerated Docket proceedings shall be served on parties to the proceeding by hand or facsimile transmission. * * * * * 42. Section 1.221 is amended by revising paragraphs (b) and (c) to read as follows: � 1.221 Notice of hearing, appearances. * * * * * (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
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  • during the first 10 days of which the parties may amend their applications or file such other information with the Media Bureau as they deem relevant to ameliorate the competitive concerns identified in this Order. IT IS FURTHER ORDERED, That, to avail themselves of the opportunity to be heard, Youngstown Radio License, L.L.C. and Citicasters Licenses, Inc., pursuant to Sections 1.221(c) and 1.221(e) of the Commission's Rules, in person or by their respective attorneys, SHALL FILE in triplicate, A WRITTEN APPEARANCE, stating an intention to appear on the date fixed for the hearing and present evidence on the issues specified in this Order. Such written appearance shall be filed within 20 days of this Order becoming effective pursuant to Paragraph 47
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  • first 10 days of which the parties may amend their application or file such other information with the Media Bureau as they deem relevant to ameliorate the competition concerns identified in this Order. 51. IT IS FURTHER ORDERED, That, to avail themselves of the opportunity to be heard, Mountain Wireless, Inc. and Clear Channel Broadcasting Licenses, Inc., pursuant to Sections 1.221(c) and 1.221(e) of the Commission's Rules, 47 C.F.R. �� 1.221 (c) and (e), in person or by their respective attorneys, SHALL FILE in triplicate, A WRITTEN APPEARANCE, stating an intention to appear on the date fixed for the hearing and present evidence on the issues specified in this Order. Such written appearance shall be filed within 20 days of this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-167A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-167A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-167A1.txt
  • date of its release, during the first 10 days of which the parties may amend their application or file such other information with the Media Bureau as they deem relevant to ameliorate the competition concerns identified in this Order. IT IS FURTHER ORDERED, That, to avail themselves of the opportunity to be heard, Sheldon and Clear Channel, pursuant to Sections 1.221(c) and 1.221(e) of the Commission's Rules, in person or by their respective attorneys, SHALL FILE in triplicate, A WRITTEN APPEARANCE, stating an intention to appear on the date fixed for the hearing and present evidence on the issues specified in this Order. Such written appearance shall be filed within 20 days of this Order becoming effective pursuant to Paragraph 45
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-236A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-236A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-236A1.txt
  • SHALL BE ADDRESSED to the named counsel of record, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 3-B431, Washington, D.C. 20554. above, the parties may amend their application or file such other information with the Media Bureau as they deem relevant to ameliorate the competition concerns identified in this Order. above. Pursuant to Section 1.221(c) of the Commission's rules, if the parties fail to file an appearance within the specified time period, the assignment application will be dismissed with prejudice for failure to prosecute. IT IS FURTHER ORDERED, That the applicants, pursuant to Section 311(a)(2) of the Communications Act and Section 73.3594 of the Commission's rules, SHALL GIVE NOTICE of the hearing within the time
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-246A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-246A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-246A1.txt
  • That the Commission's Consumer and Government Affairs Bureau, Reference Information Center, SHALL SEND copies of this Order to all parties by certified mail, return receipt requested. above. above, the parties may amend their application or file such other information with the Media Bureau as they deem relevant to ameliorate the competition concerns identified in this Order. above. Pursuant to Section 1.221(c) of the Commission's rules, if the parties fail to file an appearance within the specified time period, the assignment application will be dismissed with prejudice for failure to prosecute. IT IS FURTHER ORDERED, That the applicants, pursuant to Section 311(a)(2) of the Communications Act and Section 73.3594 of the Commission's rules, SHALL GIVE NOTICE of the hearing within the time
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-251A1.txt
  • the mailing of this Order pursuant to Paragraph 52 above, the parties may amend their application or file such other information with the Media Bureau as they deem relevant to ameliorate the competition concerns identified in this Order. 55. IT IS FURTHER ORDERED, That, to avail themselves of the opportunity to be heard, Whitehall and Clear Channel, pursuant to Sections 1.221(c) and 1.221(e) of the Commission's Rules, in person or by their respective attorneys, SHALL FILE in triplicate, A WRITTEN APPEARANCE, stating an intention to appear on the date fixed for the hearing and present evidence on the issues specified in this Order. Such written appearance shall be filed within 20 days of the mailing of this Order pursuant to Paragraph
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-284A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-284A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-284A1.txt
  • of record, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 3-B431, Washington, D.C. 20554. above, the parties may file an amended application with the Commission to ameliorate the competition concerns identified in this Order and may also file a petition to suspend the hearing pending review of the amended application. above. Pursuant to Section 1.221(c) of the Commission's rules, if the parties fail to file an appearance within the specified time period, the assignment application will be dismissed with prejudice for failure to prosecute. above. Such written appearance must also be accompanies by the fee specified in Section 1.1107 of the Commission's Rules or be accompanied by a deferral request pursuant to Section 1.1117 of
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  • light of the foregoing, whether Alee's pending application for an authorization to construct a nonwireline cellular system in Texas RSA 21 - Market 672A should be granted. IT IS FURTHER ORDERED that, to avail itself of the opportunity to be heard and to avail itself of the right to present evidence at a hearing in these proceedings, pursuant to section 1.221(c) of the Commission's rules, 47 C.F.R. � 1.221(c), Alee shall, in person or by its attorneys, file, within 20 days of the mailing of this Hearing Designation Order, a written appearance stating that it will appear at the hearing and present evidence on matters specified in this Order. If a written notice of appearance is not timely filed on behalf
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-53A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-53A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-53A1.txt
  • its release, during the first 10 days of which the parties may amend their application or file such other information with the Mass Media Bureau as they deem relevant to ameliorate the competitive concerns identified in this Order. IT IS FURTHER ORDERED, That, to avail themselves of the opportunity to be heard, Air Virginia and Clear Channel, pursuant to Sections 1.221(c) and 1.221(e) of the Commission's Rules, in person or by their respective attorneys, SHALL FILE in triplicate, A WRITTEN APPEARANCE, stating an intention to appear on the date fixed for the hearing and present evidence on the issues specified in this Order. Such written appearance shall be filed within 20 days of this Order becoming effective pursuant to Paragraph 59
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  • Law Judge (or presiding officer if one has been designated) shall, at the earliest practicable date, issue an order terminating the hearing proceeding and certifying the case to the Commission. 124. IT IS FURTHER ORDERED that, to avail itself of the opportunity to be heard and the right to present evidence at a hearing in these proceedings, pursuant to Section 1.221 of the Rules, WPBI, in person or by its attorney, shall file within twenty (20) days of the mailing of notice of its designation as a party, a written appearance in triplicate stating that it will appear at the hearing on the date fixed for hearing, and will present evidence on the issues specified herein. If WPBI fails to file
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-114A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-114A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-114A1.txt
  • burden of proceeding with respect to issues 1 and 2 shall be upon the applicant, and the burden of proof with respect to all issues shall be upon the applicant. 30. IT IS FURTHER ORDERED that, to avail themselves of the opportunity to be heard and the right to present evidence at a hearing in these proceedings, pursuant to Section 1.221 of the Rules, the parties, in person or by its attorney, shall file within 20 days of the mailing of this Order, a written appearance in triplicate stating its intention to appear on the date fixed for hearing and to present evidence on the issues specified in this Order. 31. IT IS FUTHER ORDERED, that the applicant herein shall, pursuant
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  • in accordance with Section 312(d) of the Communications Act, as amended, both the burden of proceeding with the introduction of the evidence and the burden of proof with respect to issue (3) shall be upon the Commission. 12. IT IS FURTHER ORDERED that, to avail themselves of the opportunity to be heard, the parties respondent herein shall, pursuant to Section 1.221(c) of the Commission's Rules, 47 C.F.R. Section 1.221(c), in person or by attorney, file with the Commission, in triplicate, within twenty (20) days of the mailing of this Order, a written appearance stating an intention to appear on the date fixed for the hearing and present evidence on the issues specified in this Order. 13. IT IS FURTHER ORDERED that
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  • service SHALL BE ADDRESSED to Judy Lancaster and Anjali K. Singh, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 4-C330, Washington, D.C. 20554. IT IS FURTHER ORDERED, that, to avail himself of the opportunity to be heard and the right to present evidence at a hearing in these proceedings, pursuant to sections 1.91(c) and 1.221of the Commission's rules, Terry Keith Hammond, but not the Chief, Enforcement Bureau, in person or by attorney, shall file within thirty (30) days of the release of this Order, a written appearance in triplicate stating that he will appear at the hearing and present evidence on matters specified in this Order. If Terry Keith Hammond fails to file a written
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  • SHALL BE ADDRESSED to Gary A. Oshinsky and Anjali K. Singh, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 4-C330, Washington, D.C. 20554. IT IS FURTHER ORDERED, that, to avail themselves of the opportunity to be heard and the right to present evidence at a hearing in these proceedings, pursuant to sections 1.91(c) and 1.221of the Commission's Rules, each of the captioned individuals and entities, in person or by attorney, shall file within 30 calendar days of the release of this Order, a written appearance in triplicate stating that they will appear at the hearing and present evidence on matters specified in this Order. If any of the captioned individuals or entities fails to file
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  • A, TW A-363, 445 12th Street, S.W., Washington, D.C., on October 27, 2008, commencing at 9:30 a.m. IT IS FURTHER ORDERED, That all hearing proceedings shall take place in the Offices of the Commission, Washington, D.C. IT IS FURTHER ORDERED, That all parties shall file timely Notices of Appearances in accordance with the rules of Practice and Procedure [47 C.F.R. �1.221]. All parties are put on notice that they are expected to be fully cognizant of Part I of the Commissions Rules and Regulations concerning Practice and Procedure [47 C.F.R. Part I, Subpart A and Subpart B]. FEDERAL COMMUNICATIONS COMMISSION Richard L. Sippel Chief Administrative Law Judge [1] Copies of Notices of Appearances, Pleadings and Motions that do not exceed twenty-five
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  • of the Commission's Rules. IT IS FURTHER ORDERED that, in connection with the possible forfeiture liability noted above, this document constitutes notice pursuant to Section 503(b)(3) of the Act. IT IS FURTHER ORDERED, that, to avail himself of the opportunity to be heard and the right to present evidence at a hearing in these proceedings, pursuant to Sections 1.91 and 1.221of the Commission's Rules, Eddie Floyd, in person or by attorney, shall file by September 13, 2010, a written appearance in triplicate stating that he will appear at the hearing and present evidence on matters specified in this Order. If Eddie Floyd fails to file a written notice of appearance within the time specified, or a petition to accept, for good
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  • ADR pursuant to Section 76.7(g)(2) or, if the parties have mutually elected to pursue ADR, the parties fail to resolve their dispute through ADR. We also adopt expedited deadlines to account for the 240-calendar-day deadline for the ALJ's initial decision. First, we revise the deadline for filing a written appearance in a program carriage matter referred to an ALJ. Section 1.221(c) of the Commission's rules provides that a written appearance must be filed within 20 days of the mailing of the HDO. We amend this rule to provide that, in a program carriage complaint proceeding that the Media Bureau refers to an ALJ, a party must file a written appearance within five calendar days after the party informs the Chief ALJ
• http://transition.fcc.gov/eb/Orders/2001/da011044.doc http://transition.fcc.gov/eb/Orders/2001/da011044.html
  • the evidence adduced under the foregoing issues, the amount of damages, if any, to which each Complainant is entitled; (5) To determine the amount of interest, if any, that each Complainant shall be awarded. IT IS FURTHER ORDERED, that to avail themselves of the opportunity to be heard and the right to present evidence, the designated parties, pursuant to section 1.221 (c) of the Commission's rules SHALL FILE in triplicate, within twenty (20) days of the mailing of this Order by the Secretary, a WRITTEN NOTICE OF APPEARANCE, stating an intention to appear on the date fixed for the hearing and present evidence on the issues specified in this Order. IT IS FURTHER ORDERED, that the rules of practice and procedure
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3048A1.html
  • following issue: Whether Gulf Power is entitled to receive compensation above marginal costs for any attachments to its poles belonging to the Cable Operators, and, if so, the amount of any such compensation. 12. IT IS FURTHER ORDERED, that to avail themselves of the opportunity to be heard and the right to present evidence, the designated parties, pursuant to section 1.221(c) of the Commission's rules,28 SHALL FILE in triplicate, within twenty (20) days of the mailing of this Order by the Secretary, a WRITTEN NOTICE OF APPEARANCE, stating an intention to appear on the date fixed for the hearing and present evidence on the issue specified in this Order. 13. IT IS FURTHER ORDERED, that this hearing will be governed by
• http://transition.fcc.gov/eb/Orders/2005/DA-05-1889A1.html
  • of K216EQ.6 3. The OSC also ordered that the Presiding Judge, notwithstanding the resolution of the designated issues, determine whether the Commission should impose a monetary forfeiture against KCI for violations of sections 74.1231(b), 74.1231(f), 74.1231(g), 74.1284(b) and 73.1015 of the Commission's rules. The OSC set the maximum forfeiture amount at $300,000. 4. The OSC ordered KCI, pursuant to section 1.221(c) of the Commission's rules,7 within twenty (20) days of the date of the mailing of the OSC, in person or by its attorney, to file a written notice of appearance in order to avail itself of the opportunity to be heard.8 The OSC directed that the notice of appearance state that KCI would appear on the date fixed for the
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2487A1.html
  • Hartmann, Jr. is qualified to be a Commission licensee. d. In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Joseph W. Hartmann, Jr. should be granted. 9. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. S 1.221(c), in order to avail himself of the opportunity to be heard, Hartmann, Jr., in person or by his attorney, SHALL FILE with the Commission, within twenty days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for hearing and
• http://transition.fcc.gov/eb/Orders/2006/DA-06-494A1.html
  • of 1934, as amended, 47 U.S.C. S 224, and section 1.1404(a) of the Commission's rules, 47 C.F.R. SS 47 C.F.R. SS 1.1404(a), that Entergy's request to dismiss Cox for improper joinder is DENIED; 26. IT IS FURTHER ORDERED that, to avail themselves of the opportunity to be heard and the right to present evidence, the designated parties, pursuant to section 1.221 of the Commission's rules, 47 C.F.R. S 1.221, SHALL FILE in triplicate, within twenty (20) days of the mailing of this Order, a WRITTEN NOTICE OF APPEARANCE, stating an intention to appear on whatever date the ALJ shall fix for the hearing, and to present evidence on the issues specified in this Order. 27. IT IS FURTHER ORDERED, that this
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-124A1.html
  • SHALL BE ADDRESSED to Judy Lancaster and Anjali K. Singh, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12^th Street, S.W., Room 4-C330, Washington, D.C. 20554. 35. IT IS FURTHER ORDERED, that, to avail himself of the opportunity to be heard and the right to present evidence at a hearing in these proceedings, pursuant to sections 1.91(c) and 1.221of the Commission's rules, Terry Keith Hammond, but not the Chief, Enforcement Bureau, in person or by attorney, shall file within thirty (30) days of the release of this Order, a written appearance in triplicate stating that he will appear at the hearing and present evidence on matters specified in this Order. If Terry Keith Hammond fails to file a written
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2183A1.html
  • Jack R. Sharples is qualified to be a Commission licensee. c. In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Jack R. Sharples should be granted. 7. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. S 1.221(c), in order to avail himself of the opportunity to be heard, Jack R. Sharples, in person or by his attorney, SHALL FILE with the Commission, within twenty days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for hearing
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2184A1.html
  • Frank C. Richards is qualified to be a Commission licensee. d. In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Frank C. Richards should be granted. 11. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. S 1.221(c), in order to avail himself of the opportunity to be heard, Frank C. Richards, in person or by his attorney, SHALL FILE with the Commission, within twenty calendar days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2185A1.html
  • Castle is qualified to be and remain a Commission licensee; f. To determine, in light of the evidence adduced pursuant to the foregoing issues, whether the captioned application filed by David O. Castle should be granted. 12. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. S 1.221(c), in order to avail himself of the opportunity to be heard, David O. Castle, in person or by his attorney, SHALL FILE with the Commission, within twenty calendar days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-125A1.html
  • BE ADDRESSED to Gary A. Oshinsky and Anjali K. Singh, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 4-C330, Washington, D.C. 20554. 65. IT IS FURTHER ORDERED, that, to avail themselves of the opportunity to be heard and the right to present evidence at a hearing in these proceedings, pursuant to sections 1.91(c) and 1.221of the Commission's Rules, each of the captioned individuals and entities, in person or by attorney, shall file within 30 calendar days of the release of this Order, a written appearance in triplicate stating that they will appear at the hearing and present evidence on matters specified in this Order. If any of the captioned individuals or entities fails to file
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1370A1.html
  • in an amount not to exceed $325,000; Sections 73.1350(a), 73.1560(b) and (d), and 73.1745(a) of the Commission's rules, in an amount not to exceed $325,000; and Section 11.35(a) of the Commission's rules, in an amount not to exceed $325,000; for any such violations that occurred or continued within the applicable statute of limitations. 6. Pursuant to Section 1.91(c) and Section 1.221(c) of the Commission's rules, the Hearing Designation Order ordered Mr. Hammond, to file a written notice of appearance stating that he would appear on the specified hearing date and present evidence on the designated issues. In addition, the Hearing Designation Order informed Mr. Hammond that if he failed to file a written notice of appearance, the Station's renewal application would
• http://transition.fcc.gov/eb/Orders/fcc00314.doc http://transition.fcc.gov/eb/Orders/fcc00314.txt
  • IS FURTHER ORDERED that, in connection with the potential forfeiture liability noted above, this document constitutes notice, pursuant to Section 503(b)(3)(A) of the Act. 14. IT IS FURTHER ORDERED that, to avail themselves of the opportunity to be heard and to avail themselves of the right to present evidence at a hearing in these proceedings, pursuant to �� 1.91(c) and 1.221(c) of the Commission's Rules, 47 C.F.R. ��1.91(c) and 1.221(c), licensees Ronald Brasher, Patricia Brasher, David Brasher, D.L. Brasher, Carolyn S. Lutz, Jim Sumpter, Norma Sumpter, Melissa Sumpter, Jennifer Hill, DLB Enterprises, Inc. and Metroplex Two-Way Radio Service, in person or by their attorneys, shall each file, within 30 days after receipt of this Order, a written appearance stating that it
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs02-0.pdf
  • 3.716 Montana 193,777,889 559,538 346.32 28,162,344 2.890 Nebraska 270,811,275 1,015,125 266.78 10,141,917 1.041 Nevada 269,173,142 1,336,888 201.34 6,666,698 0.684 New Hampshire 215,310,186 860,595 250.19 940,771 0.097 New Jersey 1,348,943,813 6,927,404 194.73 0 0.000 New Mexico 318,589,204 1,009,203 315.68 19,434,728 1.994 New York 3,209,035,939 13,230,572 242.55 11,761,025 1.207 North Carolina 1,438,054,130 5,213,187 275.85 16,003,673 1.642 North Dakota 126,731,167 397,442 318.87 11,899,881 1.221 Northern Mariana Islands 9,990,710 20,990 475.97 2,608,693 0.268 Ohio 1,443,896,466 7,001,888 206.22 7,780,548 0.798 Oklahoma 571,974,228 2,110,393 271.03 37,352,126 3.833 Oregon 586,846,088 2,206,230 265.99 24,623,298 2.527 Pennsylvania 1,819,473,528 8,385,348 216.98 1,453,435 0.149 Puerto Rico 559,086,663 1,331,851 419.78 2,525,676 0.259 Rhode Island 129,731,515 660,645 196.37 0 0.000 South Carolina 744,544,808 2,387,770 311.82 21,876,647 2.245 South Dakota 135,943,537 428,561 317.21 13,604,361 1.396
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/99socc.pdf
  • 101,754 0.002 CT Communications, Inc. CTC Long Distance Services, Inc. 106,894 1,089,705 609,878 0.013 CTC Communications Corporation 636,002 5,088,017 4,019,534 0.082 D&E/Omnipoint Wireless Joint Venture, L.P. d/b/a PCS One 2,213 13,974 22,595 0.000 D&E Telephone and Data Systems, Inc. d/b/a D and E Long Distance 16,661 141,951 193,507 0.004 Dialink Corporation 209,757 750,877 414,033 0.008 DirectNet Telecommunications 32,101,975 171,914,258 59,551,135 1.221 E-Cable Services, Inc. 4,158 12,939 1,866 0.000 EagleCom, Inc. d/b/a PTSI Long Distance 79 857 226 0.000 East Florida Communications, Inc. 161,670 3,233,398 1,010,437 0.021 Eastern Sub RSA L.P. 6,943 24,111 13,033 0.000 Eastern Telecommunications Incorporated 53,948 152,880 206,072 0.004 Eastern Telephone Systems, Inc EasternTel Long Distance Service, Inc. 122,755 456,636 292,461 0.006 Egyptian Communication Services, Inc. 411 3,748 9,074
• http://www.fcc.gov/Bureaus/OGC/Orders/1999/fcc99322.doc
  • 20. We wish to make clear that the individual viewer/listener exception applies only when such individuals informally file comments regarding pending broadcast applications. Consistent with the Communications Act and our rules, individual viewers and listeners who file formal petitions to deny are deemed parties without any need for action by the Bureau. See 47 U.S.C. �� 309(d),(e); 47 C.F.R. �� 1.221(d), 73.3584. To the extent that paragraph 19 of our Report and Order might suggest otherwise, we hereby modify it. 21. Additionally, we wish to make clear that, although the individual viewer/listener exception was prompted by the public notice provisions of our rules, individual viewers and listeners who comment on applications not subject to the public notice provisions are nevertheless covered
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2012/dd120209.html
  • [12]DOC-312364A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED FEBRUARY 8, 2012, DID NOT APPEAR IN DIGEST NO. 26: ----------------------------------------------------------------------- --- SUNSHINE NOTICE ----------------------------------------------------------------------- --- FCC TO HOLD OPEN COMMISSION MEETING WEDNESDAY, FEBRUARY 15, 2012 [13]DOC-312362A1.doc [14]DOC-312362A1.pdf [15]DOC-312362A1.txt ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 02/08/2012. NOTICE OF EFFECTIVE DATE OF PROGRAM CARRIAGE COMPLAINT RULES: 47 C.F.R. SECTIONS 1.221(H); 1.229(B)(3), (B)(4); 1.248(A), (B); 76.7(G)(2); 76.1302(C)(1), (D), (E)(1), (K). (DA No. 12-169). (Dkt No 07-42 ). MB . Contact: David Konczal at (202) 418-2228, email: David.Konczal@fcc.gov. News Media Contact: Janice Wise at (202) 418-8165, email: Janice.Wise@fcc.gov [16]DA-12-169A1.doc [17]DA-12-169A1.pdf [18]DA-12-169A1.txt Released: 02/08/2012. COMMENT SOUGHT ON A PETITION FILED BY EASTEX TELEPHONE COOPERATIVE, INC. FOR WAIVER CONCERNING THE COMMISSION'S PART 36 JURISDICTIONAL
• http://www.fcc.gov/eb/Orders/2001/da011044.doc http://www.fcc.gov/eb/Orders/2001/da011044.html
  • the evidence adduced under the foregoing issues, the amount of damages, if any, to which each Complainant is entitled; (5) To determine the amount of interest, if any, that each Complainant shall be awarded. IT IS FURTHER ORDERED, that to avail themselves of the opportunity to be heard and the right to present evidence, the designated parties, pursuant to section 1.221 (c) of the Commission's rules SHALL FILE in triplicate, within twenty (20) days of the mailing of this Order by the Secretary, a WRITTEN NOTICE OF APPEARANCE, stating an intention to appear on the date fixed for the hearing and present evidence on the issues specified in this Order. IT IS FURTHER ORDERED, that the rules of practice and procedure
• http://www.fcc.gov/eb/Orders/2004/DA-04-3048A1.html
  • following issue: Whether Gulf Power is entitled to receive compensation above marginal costs for any attachments to its poles belonging to the Cable Operators, and, if so, the amount of any such compensation. 12. IT IS FURTHER ORDERED, that to avail themselves of the opportunity to be heard and the right to present evidence, the designated parties, pursuant to section 1.221(c) of the Commission's rules,28 SHALL FILE in triplicate, within twenty (20) days of the mailing of this Order by the Secretary, a WRITTEN NOTICE OF APPEARANCE, stating an intention to appear on the date fixed for the hearing and present evidence on the issue specified in this Order. 13. IT IS FURTHER ORDERED, that this hearing will be governed by
• http://www.fcc.gov/eb/Orders/2005/DA-05-1889A1.html
  • of K216EQ.6 3. The OSC also ordered that the Presiding Judge, notwithstanding the resolution of the designated issues, determine whether the Commission should impose a monetary forfeiture against KCI for violations of sections 74.1231(b), 74.1231(f), 74.1231(g), 74.1284(b) and 73.1015 of the Commission's rules. The OSC set the maximum forfeiture amount at $300,000. 4. The OSC ordered KCI, pursuant to section 1.221(c) of the Commission's rules,7 within twenty (20) days of the date of the mailing of the OSC, in person or by its attorney, to file a written notice of appearance in order to avail itself of the opportunity to be heard.8 The OSC directed that the notice of appearance state that KCI would appear on the date fixed for the
• http://www.fcc.gov/eb/Orders/2006/DA-06-2487A1.html
  • Hartmann, Jr. is qualified to be a Commission licensee. d. In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Joseph W. Hartmann, Jr. should be granted. 9. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. S 1.221(c), in order to avail himself of the opportunity to be heard, Hartmann, Jr., in person or by his attorney, SHALL FILE with the Commission, within twenty days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for hearing and
• http://www.fcc.gov/eb/Orders/2006/DA-06-494A1.html
  • of 1934, as amended, 47 U.S.C. S 224, and section 1.1404(a) of the Commission's rules, 47 C.F.R. SS 47 C.F.R. SS 1.1404(a), that Entergy's request to dismiss Cox for improper joinder is DENIED; 26. IT IS FURTHER ORDERED that, to avail themselves of the opportunity to be heard and the right to present evidence, the designated parties, pursuant to section 1.221 of the Commission's rules, 47 C.F.R. S 1.221, SHALL FILE in triplicate, within twenty (20) days of the mailing of this Order, a WRITTEN NOTICE OF APPEARANCE, stating an intention to appear on whatever date the ALJ shall fix for the hearing, and to present evidence on the issues specified in this Order. 27. IT IS FURTHER ORDERED, that this
• http://www.fcc.gov/eb/Orders/2006/FCC-06-124A1.html
  • SHALL BE ADDRESSED to Judy Lancaster and Anjali K. Singh, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12^th Street, S.W., Room 4-C330, Washington, D.C. 20554. 35. IT IS FURTHER ORDERED, that, to avail himself of the opportunity to be heard and the right to present evidence at a hearing in these proceedings, pursuant to sections 1.91(c) and 1.221of the Commission's rules, Terry Keith Hammond, but not the Chief, Enforcement Bureau, in person or by attorney, shall file within thirty (30) days of the release of this Order, a written appearance in triplicate stating that he will appear at the hearing and present evidence on matters specified in this Order. If Terry Keith Hammond fails to file a written
• http://www.fcc.gov/eb/Orders/2007/DA-07-2183A1.html
  • Jack R. Sharples is qualified to be a Commission licensee. c. In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Jack R. Sharples should be granted. 7. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. S 1.221(c), in order to avail himself of the opportunity to be heard, Jack R. Sharples, in person or by his attorney, SHALL FILE with the Commission, within twenty days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for hearing
• http://www.fcc.gov/eb/Orders/2007/DA-07-2184A1.html
  • Frank C. Richards is qualified to be a Commission licensee. d. In light of the evidence adduced pursuant to the foregoing issues, to determine whether the captioned application filed by Frank C. Richards should be granted. 11. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. S 1.221(c), in order to avail himself of the opportunity to be heard, Frank C. Richards, in person or by his attorney, SHALL FILE with the Commission, within twenty calendar days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for
• http://www.fcc.gov/eb/Orders/2007/DA-07-2185A1.html
  • Castle is qualified to be and remain a Commission licensee; f. To determine, in light of the evidence adduced pursuant to the foregoing issues, whether the captioned application filed by David O. Castle should be granted. 12. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. S 154(i), and Section 1.221(c) of the Commission's Rules, 47 C.F.R. S 1.221(c), in order to avail himself of the opportunity to be heard, David O. Castle, in person or by his attorney, SHALL FILE with the Commission, within twenty calendar days of the mailing of this Hearing Designation Order to him, a written appearance stating that he will appear on the date fixed for
• http://www.fcc.gov/eb/Orders/2007/FCC-07-125A1.html
  • BE ADDRESSED to Gary A. Oshinsky and Anjali K. Singh, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 4-C330, Washington, D.C. 20554. 65. IT IS FURTHER ORDERED, that, to avail themselves of the opportunity to be heard and the right to present evidence at a hearing in these proceedings, pursuant to sections 1.91(c) and 1.221of the Commission's Rules, each of the captioned individuals and entities, in person or by attorney, shall file within 30 calendar days of the release of this Order, a written appearance in triplicate stating that they will appear at the hearing and present evidence on matters specified in this Order. If any of the captioned individuals or entities fails to file
• http://www.fcc.gov/eb/Orders/fcc00314.doc http://www.fcc.gov/eb/Orders/fcc00314.txt
  • IS FURTHER ORDERED that, in connection with the potential forfeiture liability noted above, this document constitutes notice, pursuant to Section 503(b)(3)(A) of the Act. 14. IT IS FURTHER ORDERED that, to avail themselves of the opportunity to be heard and to avail themselves of the right to present evidence at a hearing in these proceedings, pursuant to �� 1.91(c) and 1.221(c) of the Commission's Rules, 47 C.F.R. ��1.91(c) and 1.221(c), licensees Ronald Brasher, Patricia Brasher, David Brasher, D.L. Brasher, Carolyn S. Lutz, Jim Sumpter, Norma Sumpter, Melissa Sumpter, Jennifer Hill, DLB Enterprises, Inc. and Metroplex Two-Way Radio Service, in person or by their attorneys, shall each file, within 30 days after receipt of this Order, a written appearance stating that it
• http://www.fcc.gov/fcc-bin/audio/DA-04-957A1.pdf
  • To establish the terms and conditions of a time sharing arrangement, including the hours of the day throughout the year during which each licensee is to operate, and to set forth such terms and conditions in a written document. Such arrangement shall not include simultaneous operation of the stations. 7. IT IS FURTHER ORDERED, that pursuant to 47 C.F.R. Section 1.221(b), the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND copies of this Order, by certified mail, return receipt requested, to the parties through counsel, as listed below: Cary S. Tepper, Esquire Booth, Freret, Imlay & Tepper, PC 7900 Wisconsin Avenue, Suite 304 Bethesda, MD 20814-3628 Counsel for Piscataway Board of Education John M. Pelkey, Esquire Garvey Schubert
• http://www.fcc.gov/fcc-bin/audio/FCC-10-147A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-10-147A1.pdf
  • of the Commission's Rules. IT IS FURTHER ORDERED that, in connection with the possible forfeiture liability noted above, this document constitutes notice pursuant to Section 503(b)(3) of the Act. IT IS FURTHER ORDERED, that, to avail himself of the opportunity to be heard and the right to present evidence at a hearing in these proceedings, pursuant to Sections 1.91 and 1.221of the Commission's Rules, Eddie Floyd, in person or by attorney, shall file by September 13, 2010, a written appearance in triplicate stating that he will appear at the hearing and present evidence on matters specified in this Order. If Eddie Floyd fails to file a written notice of appearance within the time specified, or a petition to accept, for good
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/da90-594.pdf
  • 87-464 Rockledge,Florida 87-556 SilverSprings,Florida 88-119 EastRidge,Tennessee 88-122 DesMoines,Iowa 88-238 NagsHead,NorthCarolina 88-277 Tyler,Texas 88-280 Raleigh,NorthCarolina 88-306 Sedona,Arizona 88-335 Mableton,Georgia 88-400 Evansville,Indiana 88-403 Swanton,Ohio 88-432 AtlanticCity,NewJersey 88-433 5FCCRedNo.10 HEARINGINACONSOLIDATEDPROCEEDING,ata timeandplacetobespecifiedinasubsequentOrder, uponthefollowingissues: 1.TodeterminewhetherSonriseManagementServices,Inc.isanundisclosedpartytotheapplication ofCarmel. 2.TodeterminewhetherCarmel'sorganizational structureisasham. 3.Todetermine,fromtheevidenceadducedpursuant toIssues1and2,above,whetherCarmelpossesses thebasicqualificationstobealicenseeofthe facilitiessoughtherein. 4.Todeterminewhichoftheproposalswould,ona comparativebasis.betterservethepublicinterest. 5.Todetermine,inlightoftheevidenceadduced pursuanttotheforegoingissues,whichoftheapplications shouldbegranted,ifeither. 9.ITISFURTHERORDERED,Thatwithin30daysof thereleaseofthisOrder.theCarmelshallfileanamend- mentwiththepresidingAdministrativeLawJudgedescribing itsplannedprogrammingservicerelatingtothe issuesofpublicconcernfacingitsproposedservicearea. 10.ITISFURTHERORDERED,Thattherequestfor waiverof47C.F.R.�73.315ofCarmelISDISMISSED ASMOOT. 11.ITISFURTHERORDERED.Thatinadditionto thecopyservedontheChief,HearingBranch,acopyof eachamendmentfiledinthisproceedingsubsequentto thedateofadoptionofthisOrdershallbeservedonthe Chief,DataManagementStaff,AudioServicesDivision, MassMediaBureau.Room350,1919MSt..N.W.,Washington, D.C.20554. 12.ITISFURTHERORDERED,That,toavailthem- selvesoftheopportunitytobeheard,theapplicantsand anypartyrespondenthereinshall,pursuanttoSection 1.221(c)oftheCommission'sRules,inpersonorby attorney,within20daysofthemailingofthisOrder,file withtheCommission,intriplicate,awrittenappearance statinganintentiontoappearonthedatefixedforhearing andtopresentevidenceontheissuesspecifiedinthis Order. 13.ITISFURTHERORDERED,Thattheapplicants hereinshall,pursuanttoSection311(a)(2)oftheCom- municationsActof1934,asamended,andSection 73.3594oftheCommission'sRules,givenoticeofthe hearingwithinthetimeandinthemannerprescribedin suchRule,andshalladvisetheCommissionofthepub- licationofsuchnoticeasrequiredbySection73.3594(g) oftheRules. FEDERALCOMMUNICATIONSCOMMISSION W.JanGay,AssistantChief AudioServicesDivision MassMediaBureau FederalCommunicationsCommissionRecord FOOTNOTE DA90-594 1 AnapplicationbyGreatSmokyMountainsBroadcasting, Inc.("GreatSmoky")wasfiledonJune25.1987(BPH- 870625MK).OnAugust29,1988,theChief,FMBranch,dismissed GreatSmoky'sapplicationinaccordancewithaJuly11, 1988SettlementAgreementbetweenGreatSmokyandCarmel. Seymour'sapplication,asoriginallyfiled,hadbeenreturnedby theChief,FMBranchonMay3,1988asinadvertentlyaccepted fortendersincethelegalboundariesofthecommunityof licensewerenotclearlyandlegiblydefinedonthecontourmap. OnAugust29,1988,theChief,AudioServicesDivision,denied Seymour'spetitionforreconsiderationoftheactionbythe Chief,FMBranch.Accordingly,inapprovingthesettlement agreementbetweenCarmelandGreatSmoky,theChief,FM BranchalsograntedaconstructionpermittoCarmel.OnSeptember 29,1988,Seymourfiledapetitionforreconsiderationof thegrantofCarmel'sapplication.OnOctober11,1989,the Chief,AudioServicesDivisiongrantedSeymour'spetition, rescindedthegrantofCarmel'sapplicationandreinstatedSey- mour'sapplication.
• http://www.fcc.gov/ogc/documents/opinions/1999/98-1478.html
  • the public notice, the Commission, as required by statute, "formally designate[s] the application for hearing ... [and] forthwith notif[ies] the applicant." 47 U.S.C. ' 309(e). Specifically, the Commission issues a hearing designation order (HDO) giving the time and place of the hearing and setting forth issues to be heard, which it mails to each affected applicant. See 47 C.F.R. ' 1.221(a)-(b). A. The Hearing Fee Deadline Rule In 1986 the Congress added ' 8 to the Communications Act, 47 U.S.C. ' 158, instructing the Commission to assess and collect a substantial fee from each applicant subject to a comparative hearing. See Consolidated Omnibus Budget Reconciliation Act of 1985, Pub. L. No. 99-272, ' 5002(e), 100 Stat. 82, 118 (1986) (COBRA). The