Table of Parts
[Code of Federal Regulations]
[Title 47, Volume 1, Parts 0 to 19]
[Revised as of October 1, 1997]
From the U.S. Government Printing Office via GPO Access
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
PART 1--PRACTICE AND PROCEDURE
Subpart A--General Rules of Practice and Procedure
1.1 Proceedings before the Commission.
1.2 Declaratory rulings.
1.3 Suspension, amendment, or waiver of rules.
1.4 Computation of time.
1.5 Mailing address furnished by licensee.
1.6 Availability of station logs and records for Commission inspection.
1.7 Documents are filed upon receipt.
1.8 Withdrawal of papers.
1.10 Transcript of testimony; copies of documents submitted.
1.12 Notice to attorneys of Commission documents.
1.13 Filing of petitions for review and notices of appeals of
1.14 Citation of Commission documents.
1.16 Unsworn declarations under penalty of perjury in lieu of
1.17 Truthful written statements and responses to Commission inquiries
1.18 Administrative Dispute Resolution.
1.19 Use of metric units required.
Parties, Practitioners, and Witnesses
1.22 Authority for representation.
1.23 Persons who may be admitted to practice.
1.24 Censure, suspension, or disbarment of attorneys.
1.27 Witnesses; right to counsel.
Pleadings, Briefs, and Other Papers
1.41 Informal requests for Commission action.
1.42 Applications, reports, complaints; cross-reference.
1.43 Requests for stay; cross-reference.
1.44 Separate pleadings for different requests.
1.45 Pleadings; filing periods.
1.46 Motions for extension of time.
1.47 Service of documents and proof of service.
1.48 Length of pleadings.
1.49 Specifications as to pleadings and documents.
1.50 Specifications as to briefs.
1.51 Number of copies of pleadings, briefs and other papers.
1.52 Subscription and verification.
General Application Procedures
1.61 Procedures for handling applications requiring special
1.62 Operation pending action on renewal application.
1.65 Substantial and significant changes in information furnished by
applicants to the Commission.
1.68 Action on application for license to cover construction permit.
1.77 Detailed application procedures; cross references.
1.80 Forfeiture proceedings.
1.83 Applications for radio operator licenses.
1.84 Procedure with respect to commercial radio operator license
1.85 Suspension of operator licenses.
1.87 Modification of license or construction permit on motion of the
1.88 Predesignation pleading procedure.
1.89 Notice of violations.
1.91 Revocation and/or cease and desist proceedings; hearings.
1.92 Revocation and/or cease and desist proceedings; after waiver of
1.93 Consent orders.
1.94 Consent order procedures.
1.95 Violation of consent orders.
Reconsideration and Review of Actions Taken by the Commission and
Pursuant to Delegated Authority; Effective Dates and Finality Dates of
1.101 General provisions.
1.102 Effective dates of actions taken pursuant to delegated authority.
1.103 Effective dates of Commission actions; finality of Commission
1.104 Preserving the right of review; deferred consideration of
application for review.
1.106 Petitions for reconsideration.
1.108 Reconsideration on Commission's own motion.
1.110 Partial grants; rejection and designation for hearing.
1.113 Action modified or set aside by person, panel, or board.
1.115 Application for review of action taken pursuant to delegated
1.117 Review on motion of the Commission.
1.120 Protests of grants without hearing.
Subpart B--Hearing Proceedings
1.202 Official reporter; transcript.
1.203 The record.
1.204 Pleadings; definition.
1.205 Continuances and extensions.
1.207 Interlocutory matters, reconsideration and review; cross
1.209 Identification of responsible officer in caption to pleading.
Participants and Issues
1.221 Notice of hearing; appearances.
1.223 Petitions to intervene.
1.224 Motion to proceed in forma pauperis.
1.225 Participation by non-parties; consideration of communications.
1.229 Motions to enlarge, change, or delete issues.
1.241 Designation of presiding officer.
1.243 Authority of presiding officer.
1.244 Designation of a settlement judge.
1.245 Disqualification of presiding officer.
1.246 Admission of facts and genuineness of documents.
1.248 Prehearing conferences; hearing conferences.
1.249 Prehearing statement.
Hearing and Intermediate Decision
1.250 Discovery and preservation of evidence; cross-reference.
1.251 Summary decision.
1.253 Time and place of hearing.
1.254 Nature of the hearing; burden of proof.
1.255 Order of procedure.
1.258 Closing of the hearing.
1.260 Certification of transcript.
1.261 Corrections to transcript.
1.263 Proposed findings and conclusions.
1.264 Contents of findings of fact and conclusions.
1.267 Initial and recommended decisions.
1.271 Delegation of review function.
1.273 Waiver of initial or recommended decision.
1.274 Certification of the record to the Commission for initial or
1.276 Appeal and review of initial decision.
1.277 Exceptions; oral arguments.
1.279 Limitation of matters to be reviewed.
1.282 Final decision of the Commission.
Interlocutory Actions in Hearing Proceedings
1.291 General provisions.
1.294 Oppositions and replies.
1.297 Oral argument.
1.298 Rulings; time for action.
Appeal and Reconsideration of Presiding Officer's Ruling
1.301 Appeal from presiding officer's interlocutory ruling; effective
date of ruling.
1.302 Appeal from presiding officer's final ruling; effective date of
The Discovery and Preservation of Evidence
1.313 Protective orders.
1.315 Depositions upon oral examination--notice and preliminary
1.316 Depositions upon written interrogatories--notice and preliminary
1.318 The taking of depositions.
1.319 Objections to the taking of depositions.
1.321 Use of depositions at the hearing.
1.323 Interrogatories to parties.
1.325 Discovery and production of documents and things for inspection,
copying, or photographing.
1.331 Who may sign and issue.
1.333 Requests for issuance of subpena.
1.334 Motions to quash.
1.336 Service of subpenas.
1.337 Return of service.
1.338 Subpena forms.
1.339 Witness fees.
1.340 Attendance of witness; disobedience.
1.351 Rules of evidence.
1.352 Cumulative evidence.
1.353 Further evidence during hearing.
1.354 Documents containing matter not material.
1.355 Documents in foreign language.
1.356 Copies of exhibits.
1.357 Mechanical reproductions as evidence.
1.358 Tariffs as evidence.
1.359 Proof of official record; authentication of copy.
1.360 Proof of lack of record.
1.361 Other proof of official record.
1.362 Production of statements.
1.363 Introduction of statistical data.
1.364 Testimony by speakerphone.
Subpart C--Rulemaking Proceedings
Petitions and Related Pleadings
1.401 Petitions for rulemaking.
1.403 Notice and availability.
1.405 Responses to petitions; replies.
1.407 Action on petitions.
1.411 Commencement of rulemaking proceedings.
1.412 Notice of proposed rulemaking.
1.413 Content of notice.
1.415 Comments and replies.
1.419 Form of comments and replies; number of copies.
1.420 Additional procedures in proceedings for amendment of the FM or
TV Tables of Allotments.
1.421 Further notice of rulemaking.
1.423 Oral argument and other proceedings.
1.425 Commission action.
1.427 Effective date of rules.
1.429 Petition for reconsideration.
1.430 Proceedings on a notice of inquiry.
Subpart D--Broadcast Applications and Proceedings
1.502 Emergency Broadcast Authorizations.
General Filing Requirements
1.511 Applications required.
1.512 Where to file; number of copies.
1.513 Who may sign applications.
1.514 Content of applications.
1.516 Specification of facilities.
1.517 Contingent applications.
1.518 Inconsistent or conflicting applications.
1.519 Repetitious applications.
1.520 Multiple applications.
1.522 Amendment of applications.
1.525 Agreements between parties for amendment or dismissal of, or
failure to prosecute, broadcast applications.
1.526 Records to be maintained locally for public inspection by
commercial applicants, permittees and licensees.
1.527 Records to be maintained locally for public inspection by
noncommercial educational applicants, permittees and
1.531 Formal and informal applications.
1.533 Application forms for authority to construct a new station or
make changes in an existing station.
1.534 Application for extension of construction permit or for
construction permit to replace expired construction permit.
1.536 Application for license to cover construction permit.
1.538 Application for modification of license.
1.539 Application for renewal of license.
1.540 Application for voluntary assignment or transfer of control.
1.541 Application for involuntary assignment of license or transfer of
1.542 Application for temporary authorization.
1.543 Application for renewal or modification of special service
1.544 Application for broadcast station to conduct field strength
measurements and for experimental operation.
1.545 Application for permit to deliver programs to foreign countries.
1.546 Application to determine operating power by direct measurement of
1.549 Requests for extension of authority to operate without required
monitors, indicating instruments, and EBS Attention Signal
1.550 Requests for new or modified call sign assignments.
1.561 Staff consideration of applications which receive action by the
1.562 Staff consideration of applications which do not require action
by the Commission.
1.564 Acceptance of applications.
1.566 Defective applications.
1.568 Dismissal of applications.
1.570 AM broadcast station applications involving other North American
1.571 Processing AM broadcast station applications.
1.572 Processing TV broadcast and translator station applications.
1.573 Processing FM broadcast and translator station applications.
1.574 Processing of international broadcast station applications.
1.578 Amendments to applications for renewal, assignment or transfer of
1.580 Local public notice of filing of broadcast applications.
1.584 Petitions to deny.
1.587 Procedure for filing informal applications.
1.591 Grants without hearing.
1.592 Conditional grant.
1.593 Designation for hearing.
1.594 Local public notice of designation for hearing.
1.597 Procedures on transfer and assignment applications.
1.598 Period of construction.
1.599 Forfeiture of construction permit.
1.601 Simultaneous modification and renewal of license.
1.603 Special waiver procedure relative to applications.
1.605 Retention of applications in hearing status after designation for
1.612 Annual employment report.
1.613 Filing of contracts.
1.615 Ownership reports.
Subpart E--Complaints, Applications, Tariffs, and Reports Involving
1.701 Show cause orders.
1.711 Formal or informal complaints.
1.718 Unsatisfied informal complaints; formal complaints relating back
to the filing dates of informal complaints.
1.720 General pleading requirements.
1.721 Format and content.
1.723 Joinder of complainants and causes of action.
1.725 Cross complaints.
1.728 Formal complaints not stating a cause of action; defective
1.729 Interrogatories to parties.
1.730 Other forms of discovery.
1.731 Confidentiality of information produced through discovery.
1.732 Other required written submissions.
1.733 Status conference.
1.734 Specifications as to pleadings, briefs, and other documents;
1.735 Copies; service; separate filings against multiple defendants.
1.742 Place of filing, fees, and number of copies.
1.743 Who may sign applications.
1.745 Additional statements.
1.746 Defective applications.
1.747 Inconsistent or conflicting applications.
1.748 Dismissal of applications.
1.749 Action on application under delegated authority.
Specific Types of Applications Under Title II of Communications Act
1.761 Cross reference.
1.762 Interlocking directorates.
1.763 Construction, extension, acquisition or operation of lines.
1.764 Discontinuance, reduction, or impairment of service.
1.765 Consolidation or acquisition of telephone companies.
1.766 Consolidation of domestic telegraph carriers.
1.767 Cable landing licenses.
1.772 Application for special tariff permission.
1.773 Petitions for suspension or rejection of new tariff filings.
Contracts, Reports, and Requests Required to be Filed by Carriers
1.781 Requests for extension of filing time.
Financial and Accounting Reports and Requests
1.785 Annual financial reports.
1.787 Reports of proposed changes in depreciation rates.
1.788 Reports regarding pensions and benefits.
1.789 Reports regarding division of international telegraph
1.790 Reports relating to traffic by international carriers.
1.791 Reports and requests to be filed under part 32 of this chapter.
1.795 Reports regarding interstate rates of return.
Services and Facilities Reports
1.802 Reports relating to continuing authority to supplement facilities
or to provide temporary or emergency service.
1.803 Reports relating to reduction in temporary experimental service.
1.805 Reports relating to service by carriers engaged in public radio
1.811 Reports regarding amendments to charters, by-laws and partnership
agreements of carriers engaged in domestic public radio
1.813 Reports of negotiations regarding foreign communication matters.
1.814 Reports regarding free service rendered the Government for
1.815 Reports of annual employment.
Grants by Random Selection
1.822 General selection procedures.
1.823 Random selection procedures for the Public Mobile Services.
1.824 Random selection procedures for Multichannel Multipoint
Distribution Service and Multipoint Distribution Service H-
1.825 Random selection procedures for Digital Electronic Message
Subpart F--Private Radio Services Applications and Proceedings
General Filing Requirements
1.911 Applications required.
1.912 Where applications are to be filed.
1.913 Who may sign applications.
1.914 Full disclosures.
1.916 Repetitious applications.
1.918 Amendment of applications.
Application Forms and Particular Filing Requirements
1.921 Procedure for obtaining a radio station authorization and for
commencement of operation.
1.922 Forms to be used.
1.923 Waiver of construction permit requirement.
1.924 Assignment or transfer of control, voluntary and involuntary.
1.925 Application for special temporary authorization, temporary permit
or temporary operating authority.
1.926 Application for renewal of license.
1.931 Requests for waiver of private radio rules.
1.933 Installation or removal of apparatus.
1.934 Procedure with respect to amateur radio operator license.
Application Processing Procedures
1.951 How applications are distributed.
1.952 How file numbers are assigned.
1.953 How applications are processed.
1.955 Frequency coordination, Canada.
1.958 Defective applications.
1.959 Resubmitted applications.
1.961 Dismissal of applications.
1.962 Public notice of acceptance for filing; petitions to deny
applications of specified categories.
Action on Applications
1.971 Grants without a hearing.
1.972 Grants by random selection.
1.973 Designation for hearing.
Reports to be Filed with the Commission
1.981 Reports, annual and semiannual.
Subpart G--Schedule of Statutory Charges and Procedures for Payment
1.1102 Schedule of charges for applications and other filings in the
wireless telecommunications services.
1.1103 Schedule of charges for equipment authorization, experimental
radio services, ship inspections and international
1.1104 Schedule of charges for applications and other filings in the
mass media services.
1.1105 Schedule of charges for applications and other filings in the
common carrier services.
1.1106 Schedule of charges for applications and other filings in the
cable television services.
1.1107 Schedule of charges for applications and other filings in the
1.1108 Attachment of charges.
1.1109 Payment of charges.
1.1110 Form of payment.
1.1111 Filing locations.
1.1112 Conditionality of Commission or staff authorizations.
1.1113 Return or refund of charges.
1.1114 General exemptions to charges.
1.1115 Adjustments to charges.
1.1116 Penalty for late or insufficient payments.
1.1117 Petitions and applications for review.
1.1118 Error claims.
1.1119 Billing procedures.
1.1151 Authority to prescribe and collect regulatory fees.
1.1152 Schedule of annual regulatory fees and filing locations for
wireless radio services.
1.1153 Schedule of annual regulatory fees and filing locations for mass
1.1154 Schedule of annual regulatory charges and filing locations for
common carrier services.
1.1155 Schedule of regulatory fees and filing locations for cable
1.1156 Schedule of regulatory fees and filing locations for
1.1157 Payment of charges for regulatory fees.
1.1158 Form of payment for regulatory.
1.1159 Filing locations and receipts for regulatory fees.
1.1160 Refunds of regulatory fees.
1.1161 Conditional license grants and delegated authorizations.
1.1162 General exemptions from regulatory fees.
1.1163 Adjustments to regulatory fees.
1.1164 Penalties for late or insufficient regulatory fee payments.
1.1165 Payment by cashier's check for regulatory fees.
1.1166 Waivers, reductions, and deferrals of regulatory fees.
1.1167 Error claims related to regulatory fees.
1.1181 Authority to prescribe and collect fees for competitive bidding-
related services and products.
1.1182 Schedule of fees for products and services provided by the
Commission in connection with competitive bidding procedures.
Subpart H--Ex Parte Communications
Sunshine Period Prohibition
1.1203 Sunshine period prohibition.
1.1204 Exempt ex parte presentations and proceedings.
1.1206 Permit-but-disclose proceedings.
1.1208 Restricted proceedings.
Prohibition on Solicitation of Presentations
1.1210 Prohibition on solicitation of presentations.
Procedures for Handling of Prohibited Ex Parte Presentations
1.1212 Procedures for handling of prohibited ex parte presentations.
1.1214 Disclosure of information concerning violations of this subpart.
Subpart I--Procedures Implementing the National Environmental Policy Act
1.1301 Basis and purpose.
1.1302 Cross-reference; Regulations of the Council on Environmental
1.1304 Information and assistance.
1.1305 Actions which normally will have a significant impact upon the
environment, for which Environmental Impact Statements must be
1.1306 Actions which are categorically excluded from environmental
1.1307 Actions that may have a significant environmental effect, for
which Environmental Assessments (EAs) must be prepared.
1.1308 Consideration of environmental assessments (EAs); findings of no
1.1309 Application amendments.
1.1310 Radiofrequency radiation exposure limits.
1.1311 Environmental information to be included in the environmental
1.1312 Facilities for which no preconstruction authorization is
1.1314 Environmental impact statements (EISs).
1.1315 The Draft Environmental Impact Statement (DEIS); Comments.
1.1317 The Final Environmental Impact Statement (FEIS).
1.1319 Consideration of the environmental impact statements.
Subpart J--Pole Attachment Complaint Procedures
1.1403 Duty to provide access; modifications; notice of removal,
increase or modification; petition for temporary stay.
1.1405 File numbers.
1.1406 Dismissal of complaints.
1.1407 Response and reply.
1.1408 Number of copies and form of pleadings.
1.1409 Commission consideration of the complaint.
1.1411 Meetings and hearings.
1.1414 State certification.
1.1415 Other orders.
1.1416 Imputation of rates; modification costs.
Subpart K--Implementation of the Equal Access to Justice Act (EAJA) in
1.1501 Purpose of these rules.
1.1502 When the EAJA applies.
1.1503 Proceedings covered.
1.1504 Eligibility of applicants.
1.1505 Standards for awards.
1.1506 Allowable fees and expenses.
1.1507 Rulemaking on maximum rates for attorney fees.
1.1508 Awards against other agencies.
Information Required from Applicants
1.1511 Contents of application.
1.1512 Net worth exhibit.
1.1513 Documentation of fees and expenses.
1.1514 When an application may be filed.
Procedures for Considering Applications
1.1521 Filing and service of documents.
1.1522 Answer to application.
1.1524 Comments by other parties.
1.1526 Further proceedings.
1.1528 Commission review.
1.1529 Judicial review.
1.1530 Payment of award.
Subpart L--Random Selection Procedures for Mass Media Services
1.1602 Designation for random selection.
1.1603 Conduct of random selection.
1.1604 Post-selection hearings.
1.1623 Probability calculation.
Subpart M [Reserved]
Subpart N--Enforcement of Nondiscrimination on the Basis of Handicap in
Programs or Activities Conducted by the Federal Communications
1.1830 General prohibitions against discrimination.
1.1849 Program accessibility: Discrimination prohibited.
1.1850 Program accessibility: Existing facilities.
1.1851 Program accessibility: New construction and alterations.
1.1870 Compliance procedures.
Subpart O--Collection of Claims Owed the United States
1.1903 Use of procedures.
1.1904 Conformance to law and regulations.
1.1905 Other procedures; collection of forfeiture penalties.
1.1906 Informal action.
1.1907 Return of property.
1.1908 Omissions not a defense.
Administrative Offset--Consumer Reporting Agencies--Contracting for
1.1911 Demand for payment.
1.1912 Collection by administrative offset.
1.1913 Administrative offset against amounts payable from Civil
Retirement and Disability Fund.
1.1914 Collection in installments.
1.1915 Exploration of compromise.
1.1916 Suspending or terminating collection action.
1.1917 Referrals to the Department of Justice or the General Accounting
1.1918 Use of consumer reporting agencies.
1.1919 Contracting for collection services.
1.1929 Deduction from pay.
1.1930 Liquidation from final check or recovery from other payment.
1.1931 Non-waiver of rights by payments.
1.1933 Interest, penalties and administrative costs.
1.1934 Recovery when paying agency is not creditor agency.
1.1935 Obtaining the services of a hearing official.
Interest, Penalties, Administrative Costs and Other Sanctions
1.1942 Other sanctions.
Cooperation With the Internal Revenue Service
1.1950 Reporting discharged debts to the Internal Revenue Service.
1.1951 Offset against tax refunds.
General Provisions Concerning Interagency Requests
1.1952 Interagency requests.
Subpart P--Implementation of the Anti-Drug Abuse Act of 1988
1.2002 Applicants required to submit information.
1.2003 Applications affected.
Subpart Q--Competitive Bidding Proceedings
1.2102 Eligibility of applications for competitive bidding.
1.2103 Competitive bidding design options.
1.2104 Competitive bidding mechanisms.
1.2105 Bidding application and certification procedures; prohibition of
1.2106 Submission of upfront payments.
1.2107 Submission of down payment and filing of long-form applications.
1.2108 Procedures for filing petitions to deny against long-form
1.2109 License grant, denial, default, and disqualification.
1.2110 Designated entities.
1.2111 Assignment or transfer of control: unjust enrichment.
Subpart R--Implementation of Section 4(g)(3) of the Communications Act:
Procedures Governing Acceptance of Unconditional Gifts, Donations and
1.3000 Purpose and scope.
1.3002 Structural rules and prohibitions.
1.3003 Mandatory factors for evaluating conflicts of interest.
1.3004 Public disclosure and reporting requirements.
Subpart S--Preemption of Restrictions That ``Impair'' a Viewer's Ability
To Receive Television Broadcast Signals, Direct Broadcast Satellite
Services or Multichannel Multipoint Distribution Services
1.4000 Restrictions impairing reception of television broadcast
signals, direct broadcast satellite services or multichannel
multipoint distribution services.
Subpart T--Exempt Telecommunications Companies
1.5002 Contents of application and procedure for filing.
1.5003 Effect of filing.
1.5004 Commission action.
1.5005 Notification of Commission action to the Securities and Exchange
1.5006 Procedure for notifying Commission of material change in facts.
Appendix A to Part 1--A Plan of Cooperative Procedure in Matters and
Cases Under the Provisions of Section 410 of the
Communications Act of 1934
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155,
225, and 303(r).
Subpart A--General Rules of Practice and Procedure
Source: 28 FR 12415, Nov. 22, 1963, unless otherwise noted.