Goto Section: 1.62 | 1.68 | Table of Contents

FCC 1.65
Revised as of October 1, 2008
Goto Year:2007 | 2009
  Sec.  1.65   Substantial and significant changes in information furnished by
applicants to the Commission.

   (a)  Each  applicant  is  responsible  for the continuing accuracy and
   completeness  of  information furnished in a pending application or in
   Commission  proceedings  involving a pending application. Whenever the
   information furnished in the pending application is no longer substantially
   accurate and complete in all significant respects, the applicant shall as
   promptly as possible and in any event within 30 days, unless good cause is
   shown, amend or request the amendment of his application so as to furnish
   such additional or corrected information as may be appropriate. Whenever
   there has been a substantial change as to any other matter which may be of
   decisional significance in a Commission proceeding involving the pending
   application, the applicant shall as promptly as possible and in any event
   within 30 days, unless good cause is shown, submit a statement furnishing
   such additional or corrected information as may be appropriate, which shall
   be served upon parties of record in accordance with  Sec. 1.47. Where the matter
   is before any court for review, statements and requests to amend shall in
   addition be served upon the Commission's General Counsel. For the purposes
   of this section, an application is “pending” before the Commission from the
   time it is accepted for filing by the Commission until a Commission grant or
   denial of the application is no longer subject to reconsideration by the
   Commission or to review by any court.

   (b) Applications in broadcast services subject to competitive bidding will
   be subject to the provisions of  Sec.  Sec. 1.2105(b), 73.5002 and 73.3522 of this
   chapter regarding the modification of their applications.

   (c) All broadcast permittees and licensees must report annually to the
   Commission any adverse finding or adverse final action taken by any court or
   administrative body that involves conduct bearing on the permittee's or
   licensee's  character  qualifications  and that would be reportable in
   connection with an application for renewal as reflected in the renewal form.
   If a report is required by this paragraph(s), it shall be filed on the
   anniversary of the date that the licensee's renewal application is required
   to be filed, except that licensees owning multiple stations with different
   anniversary dates need file only one report per year on the anniversary of
   their choice, provided that their reports are not more than one year apart.
   Permittees and licensees bear the obligation to make diligent, good faith
   efforts  to  become  knowledgeable  of any such reportable adjudicated
   misconduct.

   Note:  The  terms  adverse finding and adverse final action as used in
   paragraph (c) of this section include adjudications made by an ultimate
   trier of fact, whether a government agency or court, but do not include
   factual determinations which are subject to review de novo unless the time
   for taking such review has expired under the relevant procedural rules. The
   pendency of an appeal of an adverse finding or adverse final action does not
   relieve a permittee or licensee from its obligation to report the finding or
   action.

   [ 48 FR 27200 , June 13, 1983, as amended at  55 FR 23084 , June 6, 1990;  56 FR 25635 , June 5, 1991;  56 FR 44009 , Sept. 6, 1991;  57 FR 47412 , Oct. 16, 1992;
    63 FR 48622 , Sept. 11, 1998;  69 FR 72026 , Dec. 10, 2004]


Goto Section: 1.62 | 1.68

Goto Year: 2007 | 2009
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