Sec. 1.973 Designation for hearing.
(a) If the Commission is unable to make the findings prescribed in
Sec. 1.971(a) and does not utilize the system of random selection
prescribed in Sec. 1.972 of this part, it will formally designate the
application for hearing on the grounds or reasons then obtaining and
will notify the applicant and all other known parties in interest of
such action.
(b) Orders designating applications for hearing will specify with
particularity the matters in issue.
(c) Parties in interest, if any, who are not notified by the
Commission of its action in designating a particular application for
hearing may acquire the status of a party to the proceeding by filing a
petition for intervention showing the basis of their interest not more
than 30 days after publication in the Federal Register of the hearing
issues or any substantial amendment thereto.
(d) The applicant and all other parties in interest shall be
permitted to participate in any hearing subsequently held upon such
applications. Hearings may be conducted by the Commission or by the
Chief of the Private Radio Bureau, or, in the case of a question which
requires oral testimony for its resolution, an Administrative Law Judge.
The burden of proceeding with the introduction of evidence and burden of
proof shall be upon the applicant, except that with respect to any issue
presented by a Petition to Deny or a petition to enlarge the issues,
such burdens shall be as determined by the Commission or the Chief of
the Private Radio Bureau.
[ 48 FR 27202 , June 13, 1983]
Reports to be Filed with the Commission
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