Goto Section: 22.929 | 22.936 | Table of Contents
FCC 22.935
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 22.935 Procedures for comparative renewal proceedings.
The procedures in this section apply to comparative renewal proceedings
in the Cellular Radiotelephone Service.
(a) If one or more of the applications competing with an application
for renewal of a cellular authorization are filed, the renewal
applicant must file with the Commission its original renewal expectancy
showing electronically via the ULS. This filing must be submitted no
later than 60 days after the date of the Public Notice listing as
acceptable for filing the renewal application and the competing
applications.
(b) Interested parties may file petitions to deny any of the mutually
exclusive applications. Any such petitions to deny must be filed no
later than 30 days after the date that the renewal applicant submitted
its renewal expectancy showing. Applicants may file replies to any
petitions to deny applications that are filed. Any such replies must be
filed no later than 15 days after the date that the petition(s) to deny
was filed. No further pleadings will be accepted.
(c) In most instances, the renewal application and any competing
applications will be designated for a two-step procedure. An
Administrative Law Judge (Presiding Judge) will conduct a threshold
hearing (step one), in which both the licensee and the competing
applicants will be parties, to determine whether the renewal applicant
deserves a renewal expectancy. If the order designating the
applications for hearing specifies any basic qualifying issues against
the licensee, those issues will be tried in this threshold hearing. If
the Presiding Judge determines that the renewal applicant is basically
qualified and due a renewal expectancy, the competing applicants will
be found ineligible for further consideration and their applications
will be denied. If the Presiding Judge determines that the renewal
applicant does not merit a renewal expectancy but is otherwise
qualified, then all of the applications will be considered in a
comparative hearing (step two).
(d) Any competing applicant may request a waiver of the threshold
hearing (step one), if such applicant demonstrates that its proposal so
far exceeds the service already being provided that there would be no
purpose in making a threshold determination as to whether the renewal
applicant deserved a renewal expectancy vis-a-vis such a competing
applicant. Any such waiver request must be filed at the time the
requestor's application is filed. Petitions opposing such waiver
requests may be filed. Any such petitions must be filed no later than
30 days after the date that the renewal applicant submitted its renewal
expectancy showing. Replies to any petitions opposing such waiver
requests may be filed. Any such replies must be filed no later than 15
days after the date that the petition(s) were filed. No further
pleadings will be accepted. Any waiver request submitted pursuant to
this paragraph will be acted upon prior to designating the applications
for hearing. If a request to waive the threshold hearing (step one) is
granted, the renewal expectancy issue will be designated as part of the
comparative hearing (step two), and will remain the most important
comparative factor in deciding the case, as provided in § 22.940(a).
(e) If the Presiding Judge issues a ruling in the threshold (step one)
that denies the licensee a renewal expectancy, all of the applicants
involved in the proceeding will be allowed to file direct cases no
later than 90 days after the release date of the Presiding Judge's
ruling. Rebuttal cases must be filed no later than 30 days after the
date that the direct cases were filed.
(f) The Presiding Judge shall use the expedited hearing procedures
delineated in this paragraph in both threshold (step one) and
comparative (step two) hearings conducted in comparative cellular
renewal proceedings.
(1) The Presiding Judge will schedule a first hearing session as soon
as practicable after the date for filing rebuttal evidence. This first
session will be an evidentiary admission session at which each
applicant will identify and offer its previously circulated direct and
rebuttal exhibits, and each party will have an opportunity to lodge
objections.
(2) After accepting the exhibits into evidence, the Presiding Judge
will entertain motions to cross-examine and rule whether any sponsoring
witness needs to be produced for cross-examination.
Determination of what, if any, cross-examination is necessary is within
the sound judicial discretion of the Presiding Judge, the prevailing
standard being whether the person requesting cross-examination has
persuasively demonstrated that written evidence is ineffectual to
develop proof. If cross-examination is necessary, the Presiding Judge
will specify a date for the appearance of all witnesses. In addition,
if the designation order points out an area where additional underlying
data is needed, the Presiding Judge will have the authority to permit
the limited use of discovery procedures. Finally, the Presiding Judge
may find that certain additional testimony or cross-examination is
needed to provide a complete record for the FCC. If so, the Presiding
Judge may schedule a further session.
(3) After the hearing record is closed, the Presiding Judge may request
Proposed Findings of Fact and Conclusions of Law to be filed no later
than 30 days after the final hearing session. Replies are not permitted
except in unusual cases and then only with respect to the specific
issues named by the Presiding Judge.
(4) The Presiding Judge will then issue an Initial Decision, preferably
within 60 days of receipt of the last pleadings. If mutually exclusive
applications are before the Presiding Judge, the Presiding Judge will
determine which applicant is best qualified. The Presiding Judge may
also rank the applicants in order of merit if there are more than two.
(5) Parties will have 30 days in which to file exceptions to the
Initial Decision.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 62 FR 4172 , Jan. 29, 1997;
63 FR 68951 , Dec. 14, 1998]
Goto Section: 22.929 | 22.936
Goto Year: 2010 |
2012
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