Sec. 1.221  Notice of hearing; appearances.

    (a) Upon designation of an application for hearing, the Commission 
issues an order containing the following:
    (1) A statement as to the reasons for the Commission's action.
    (2) A statement as to the matters of fact and law involved, and the 
issues upon which the application will be heard.
    (3) A statement as to the time, place, and nature of the hearing. 
(If the time and place are not specified, the order will indicate that 
the time and place will be specified at a later date.)
    (4) A statement as to the legal authority and jurisdiction under 
which the hearing is to be held.
    (b) The order designating an application for hearing is mailed to 
the applicant by the Secretary of the Commission and this order or a 
summary thereof is published in the Federal Register. Reasonable notice 
of hearing will be given to the parties in all proceedings; and, 
whenever possible, the Commission will give at least 60 days notice of 
comparative hearings.
    (c) In order to avail himself of the opportunity to be heard, the 
applicant, in person or by his attorney, shall, within 20 days of the 
mailing of the notice of designation for hearing by the Secretary, file 
with the Commission, in triplicate, a written appearance stating that he 
will appear on the date fixed for hearing and present evidence on the 
issues specified in the order. Where an applicant fails to file such a 
written appearance within the time specified, or has not filed prior to 
the expiration of that time a petition to dismiss without prejudice, or 
a petition to accept, for good cause shown, such written appearance 
beyond expiration of said 20 days, the application will be dismissed 
with prejudice for failure to prosecute.
    (d) The Commission will on its own motion name as parties to the 
hearing any person found to be a party in interest.
    (e) In order to avail himself of the opportunity to be heard, any 
person named as a party pursuant to paragraph (d) of this section shall, 
within 20 days of the mailing of the notice of his designation as a 
party, file with the Commission, in person or by attorney, a written 
appearance in triplicate, stating that he will appear at the hearing. 
Any person so named who fails to file this written statement within the 
time specified, shall, unless good cause for such failure is shown, 
forfeit his hearing rights.

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    (f) A fee must accompany each written appearance filed with the 
Commission in certain cases designated for hearing. See subpart G, part 
1 for the amount due. Except as provided in paragraph (g) of this 
section, the fee must accompany each written appearance at the time of 
its filing and must be in conformance with the requirements of subpart G 
of the rules. A written appearance that does not contain the proper fee, 
or is not accompanied by a deferral request as per Sec. 1.1115 of the 
rules, shall be dismissed and returned to the applicant by the fee 
processing staff. The presiding judge will be notified of this action 
and may dismiss the applicant with prejudice for failure to prosecute if 
the written appearance is not resubmitted with the correct fee within 
the original 20 day filing period.

    Note: If the parties file a settlement agreement prior to filing the 
Notice of Appearance or simultaneously with it, the hearing fee need not 
accompany the Notice of Appearance. In filing the Notice of Appearance, 
the applicant should clearly indicate that a settlement agreement has 
been filed. (The fact that there are ongoing negotiations that may lead 
to a settlement does not affect the requirement to pay the fee.) If a 
settlement agreement is not effectuated, the Presiding Judge will 
require immediate payment of the fee.

    (g) In comparative broadcast proceedings involving applicants for 
new facilities, where the hearing fee was paid before designation of the 
applications for hearing as required by the Public Notice described at 
Sec. 73.3571(c), Sec. 73.3572(d), or Sec. 73.3573(g) of this chapter, a 
hearing fee payment should not be made with the filing of the Notice of 
Appearance.

(5 U.S.C. 554. Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309)
[28 12424, Nov. 22, 1963, as amended at  51 FR 19347 , May 29, 1986;  52 FR 5288 , Feb. 20, 1987;  55 FR 19154 , May 8, 1990;  56 FR 25638 , June 5, 
1991]