Goto Section: 1.62 | 1.68 | Table of Contents
FCC 1.65
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 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. Except as
otherwise required by rules applicable to particular types of
applications, 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 the application so as to furnish such
additional or corrected information as may be appropriate. Except as
otherwise required by rules applicable to particular types of
applications, 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 § 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 § § 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;
75 FR 4702 , Jan. 29, 2010]
Goto Section: 1.62 | 1.68
Goto Year: 2010 |
2012
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