§  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 non-broadcast licensee operating by virtue of this paragraph (a)
   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 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)

   [ 28 FR 12415 , Nov. 22, 1963, as amended at  84 FR 2758 , Feb. 8, 2019]