Goto Section: 1.103 | 1.106 | Table of Contents
FCC 1.104
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 1.104 Preserving the right of review; deferred consideration of
application for review.
(a) The provisions of this section apply to all final actions taken
pursuant to delegated authority, including final actions taken by
members of the Commission's staff on nonhearing matters. They do not
apply to interlocutory actions of the Chief Administrative Law Judge in
hearing proceedings, or to hearing designation orders issued under
delegated authority. See § § 0.351, 1.106(a) and 1.115(e).
(b) Any person desiring Commission consideration of a final action
taken pursuant to delegated authority shall file either a petition for
reconsideration or an application for review (but not both) within 30
days from the date of public notice of such action, as that date is
defined in § 1.4(b) of these rules. The petition for reconsideration
will be acted on by the designated authority or referred by such
authority to the Commission: Provided, That a petition for
reconsideration of an order designating a matter for hearing will in
all cases be referred to the Commission. The application for review
will in all cases be acted upon by the Commission.
Note: In those cases where the Commission does not intend to release a
document containing the full text of its action, it will state that
fact in the public notice announcing its action.
(c) If in any matter one party files a petition for reconsideration and
a second party files an application for review, the Commission will
withhold action on the application for review until final action has
been taken on the petition for reconsideration.
(d) Any person who has filed a petition for reconsideration may file an
application for review within 30 days from the date of public notice of
such action, as that date is defined in § 1.4(b) of these rules. If a
petition for reconsideration has been filed, any person who has filed
an application for review may: (1) Withdraw his application for review,
or (2) substitute an amended application therefor.
Note: In those cases where the Commission does not intend to release a
document containing the full text of its action, it will state that
fact in the public notice announcing its action.
(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C.
154, 303, 307)
[ 28 FR 12415 , Nov. 22, 1963, as amended at 41 FR 14871 , Apr. 8, 1976;
44 FR 60294 , Oct. 19, 1979; 46 FR 18556 , Mar. 25, 1981; 62 FR 4170 ,
Jan. 29, 1997]
Goto Section: 1.103 | 1.106
Goto Year: 2010 |
2012
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