§  1.229   Motions to enlarge, change, or delete issues.

   (a) A motion to enlarge, change or delete the issues may be filed by
   any party to a hearing proceeding. Except as provided for in paragraph
   (b) of this section, such motions must be filed within 15 days after
   the full text or a summary of the order designating the case for
   hearing has been published in the Federal Register.

   (b)(1) For program carriage complaints filed pursuant to § 76.1302 of
   this chapter that the Chief, Media Bureau refers to a presiding
   officer, such motions shall be filed within 15 calendar days after the
   deadline for submitting written appearances pursuant to § 1.221(f),
   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).

   (2) Any person desiring to file a motion to modify the issues after the
   expiration of periods specified in paragraphs (a) and (b)(1) of this
   section shall set forth the reason why it was not possible to file the
   motion within the prescribed period. Except as provided in paragraph
   (c) of this section, the motion will be granted only if good cause is
   shown for the delay in filing. Motions for modifications of issues
   which are based on new facts or newly discovered facts shall be filed
   within 15 days after such facts are discovered by the moving party.

   (c) In the absence of good cause for late filing of a motion to modify
   the issues, the motion to enlarge will be considered fully on its
   merits if (and only if) initial examination of the motion demonstrates
   that it raises a question of probable decisional significance and such
   substantial public interest importance as to warrant consideration in
   spite of its untimely filing.

   (d) Such motions, opposition thereto, and replies to oppositions shall
   contain specific allegations of fact sufficient to support the action
   requested. Such allegations of fact, except for those of which official
   notice may be taken, shall be supported by affidavits of a person or
   persons having personal knowledge thereof. The failure to file an
   opposition or a reply will not necessarily be construed as an admission
   of any fact or argument contained in a pleading.

   (e) In any case in which the presiding officer grants a motion to
   enlarge the issues to inquire into allegations that an applicant made
   misrepresentations to the Commission or engaged in other misconduct
   during the application process, the enlarged issues include notice
   that, after hearings on the enlarged issue and upon a finding that the
   alleged misconduct occurred and warrants such penalty, in addition to
   or in lieu of denying the application, the applicant may be liable for
   a forfeiture of up to the maximum statutory amount. See 47 U.S.C.
   503(b)(2)(A).

   [ 41 FR 14872 , Apr. 8, 1976, as amended at  44 FR 34947 , June 18, 1979;
    51 FR 19347 , May 29, 1986;  56 FR 792 , Jan. 9, 1991;  56 FR 25639 , June
   5, 1991;  62 FR 4171 , Jan. 29, 1997;  76 FR 60672 , Sept. 29, 2011;  76 FR 70908 , Nov. 16, 2011;  78 FR 5745 , Jan. 28, 2013;  85 FR 63175 , Oct. 6,
   2020]

   

Presiding Officer