Goto Section: 1.62 | 1.68 | Table of Contents

FCC 1.65
Revised as of
Goto Year:1996 | 1998
Sec. 1.65  Substantial and significant changes in information furnished 
          by applicants to the Commission.

    (a) Each applicant is responsible for the continuing accuracy and 
completeness of information furnished in a pending application or in 
Commission proceedings involving a pending application. Except where 
paragraph (b) of this section applies, whenever the information 
furnished in the pending application is no longer substantially accurate 
and complete in all significant respects, the applicant shall as 
promptly as possible and in any event within 30 days, unless good cause 
is shown, amend or request the amendment of his application so as to 
furnish such additional or corrected information as may be appropriate. 
Except where paragraph (b) of this section applies, whenever there has 
been a substantial change as to any other matter which may be of 
decisional significance in a Commission proceeding involving the pending 
application, the applicant shall as promptly as possible and in any 
event within 30 days, unless good cause is shown, submit a statement 
furnishing such additional or corrected information as may be 
appropriate, which shall be served upon parties of record in accordance 
with Sec. 1.47. Where the matter is before any court for review, 
statements and requests to amend shall in addition be served upon the 
Commission's General Counsel. For the purposes of this section, an 
application is ``pending'' before the Commission from the time it is 
accepted for filing by the Commission until a Commission grant or denial 
of the application is no longer subject to reconsideration by the 
Commission or to review by any court.
    (b) Changes in information relating to Sec. 1.1622, lottery 
preferences, must be furnished to the Commission no more than 7 days 
after the changes occur until: (1) In the case of a non-mutually 
exclusive application, the Commission releases the Public Notice 
proposing the application for grant; or (2) in the case of a mutually 
exclusive application, the Commission releases the final

[[Page 110]]

Public Notice announcing the acceptance of the last-filed mutually 
exclusive application.
    (c) All broadcast permittees and licensees must report annually to 
the Commission any adverse finding or adverse final action taken by any 
court or administrative body that involves conduct bearing on the 
permittee's or licensee's character qualifications and that would be 
reportable in connection with an application for renewal as reflected in 
the renewal form. If a report is required by this paragraph(s), it shall 
be filed on the anniversary of the date that the licensee's renewal 
application is required to be filed, except that licensees owning 
multiple stations with different anniversary dates need file only one 
report per year on the anniversary of their choice, provided that their 
reports are not more than one year apart. Permittees and licensees bear 
the obligation to make diligent, good faith efforts to become 
knowledgeable of any such reportable adjudicated misconduct.

    Note: The terms adverse finding and adverse final action as used in 
paragraph (c) of this section include adjudications made by an ultimate 
trier of fact, whether a government agency or court, but do not include 
factual determinations which are subject to review de novo unless the 
time for taking such review has expired under the relevant procedural 
rules. The pendency of an appeal of an adverse finding or adverse final 
action does not relieve a permittee or licensee from its obligation to 
report the finding or action.

[ 48 FR 27200 , June 13, 1983, as amended at  55 FR 23084 , June 6, 1990;  56 FR 25635 , June 5, 1991;  56 FR 44009 , Sept. 6, 1991;  57 FR 47412 , Oct. 
16, 1992]


Goto Section: 1.62 | 1.68

Goto Year: 1996 | 1998
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