FCC 1.62 Revised as of October 1, 2005
Goto Year:2004 |
2006
Sec. 1.62 Operation pending action on renewal application.
(a)(1) Where there is pending before the Commission at the time of
expiration of license any proper and timely application for renewal of
license with respect to any activity of a continuing nature, in accordance
with the provisions of section 9(b) of the Administrative Procedure Act,
such license shall continue in effect without further action by the
Commission until such time as the Commission shall make a final
determination with respect to the renewal application. No operation by any
licensee under this section shall be construed as a finding by the
Commission that the operation will serve the public interest, convenience,
or necessity, nor shall such operation in any way affect or limit the action
of the Commission with respect to any pending application or proceeding.
(2) A licensee operating by virtue of this paragraph shall, after the date
of expiration specified in the license, post, in addition to the original
license, any acknowledgment received from the Commission that the renewal
application has been accepted for filing or a signed copy of the application
for renewal of license which has been submitted by the licensee, or in
services other than broadcast and common carrier, a statement certifying
that the licensee has mailed or filed a renewal application, specifying the
date of mailing or filing.
(b) Where there is pending before the Commission at the time of expiration
of license any proper and timely application for renewal or extension of the
term of a license with respect to any activity not of a continuing nature,
the Commission may in its discretion grant a temporary extension of such
license pending determination of such application. No such temporary
extension shall be construed as a finding by the Commission that the
operation of any radio station thereunder will serve the public interest,
convenience, or necessity beyond the express terms of such temporary
extension of license, nor shall such temporary extension in any way affect
or limit the action of the Commission with respect to any pending
application or proceeding.
(c) Except where an instrument of authorization clearly states on its face
that it relates to an activity not of a continuing nature, or where the
non-continuing nature is otherwise clearly apparent upon the face of the
authorization, all licenses issued by the Commission shall be deemed to be
related to an activity of a continuing nature.
(5 U.S.C. 558)
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