Goto Section: 1.211 | 1.223 | Table of Contents
Revised as of October 1, 2020
Goto Year:2019 |
§ 1.221 Notice of hearing; appearances.
(a) Upon designation of an application for hearing, the Commission
issues an order containing the following:
(1) A statement as to the reasons for the Commission's action.
(2) A statement as to the matters of fact and law involved, and the
issues upon which the application will be heard.
(3) A statement as to the time, place, and nature of the hearing. (If
the time and place are not specified, the order will indicate that the
time and place will be specified at a later date.)
(4) A statement as to the legal authority and jurisdiction under which
the hearing is to be held.
(b) The order designating an application for hearing is mailed to the
applicant by the Reference Information Center of the Consumer and
Governmental Affairs Bureau and this order or a summary thereof is
published in the Federal Register. Reasonable notice of hearing will be
given to the parties in all proceedings; and, whenever possible, the
Commission will give at least 60 days notice of comparative hearings.
(c) In order to avail himself of the opportunity to be heard, the
applicant, in person or by his attorney, shall, within 20 days of the
mailing of the notice of designation for hearing by the Reference
Information Center of the Consumer and Governmental Affairs Bureau,
file with the Commission, in triplicate, a written appearance stating
that he will appear of the date fixed for hearing and present evidence
on the issues specified in the order. Where an applicant fails to file
such a written appearance within the time specified, or has not filed
prior to the expiration of that time a petition to dismiss without
prejudice, or a petition to accept, for good cause shown, such written
appearance beyond expiration of said 20 days, the application will be
dismissed with prejudice for failure to prosecute.
(d) The Commission will on its own motion name as parties to the
hearing any person found to be a party in interest.
(e) In order to avail himself of the opportunity to be heard, any
person named as a party pursuant to paragraph (d) of this section
shall, within 20 days of the mailing of the notice of his designation
as a party, file with the Commission, in person or by attorney, a
written appearance in triplicate, stating that he will appear at the
hearing. Any person so named who fails to file this written statement
within the time specified, shall, unless good cause for such failure is
shown, forfeit his hearing rights.
(f)(1) A fee must accompany each written appearance filed with the
Commission in certain cases designated for hearing. See subpart G, part
1 for the amount due. Except as provided in paragraph (g) of this
section, the fee must accompany each written appearance at the time of
its filing and must be in conformance with the requirements of subpart
G of the rules. A written appearance that does not contain the proper
fee, or is not accompanied by a deferral request as per § 1.1115 of the
rules, shall be dismissed and returned to the applicant by the fee
processing staff. The presiding judge will be notified of this action
and may dismiss the applicant with prejudice for failure to prosecute
if the written appearance is not resubmitted with the correct fee
within the original 20 day filing period.
Note: If the parties file a settlement agreement prior to filing the
Notice of Appearance or simultaneously with it, the hearing fee need
not accompany the Notice of Appearance. In filing the Notice of
Appearance, the applicant should clearly indicate that a settlement
agreement has been filed. (The fact that there are ongoing negotiations
that may lead to a settlement does not affect the requirement to pay
the fee.) If a settlement agreement is not effectuated, the Presiding
Judge will require immediate payment of the fee.
(2) When a fee is required to accompany a written appearance as
described in paragraph (f)(1) of this section, the written appearance
must also contain FCC Registration Number (FRN) in conformance with
subpart W of this part. The presiding judge will notify the party
filing the appearance of the omitted FRN and dismiss the applicant with
prejudice for failure to prosecute if the written appearance is not
resubmitted with the FRN within ten (10) business days of the date of
(g) In comparative broadcast proceedings involving applicants for new
facilities, where the hearing fee was paid before designation of the
applications for hearing as required by the Public Notice described at
§ 73.3571(c), § 73.3572(d), or § 73.3573(g) of this chapter, a hearing fee
payment should not be made with the filing of the Notice of Appearance.
(h)(1) For program carriage complaints filed pursuant to § 76.1302 of
this chapter that the Chief, Media Bureau refers to an administrative
law judge for an initial decision, each party, in person or by
attorney, shall file a written appearance within five calendar days
after the party informs the Chief Administrative Law Judge that it
elects not to pursue alternative dispute resolution pursuant to
§ 76.7(g)(2) of this chapter or, if the parties have mutually elected to
pursue alternative dispute resolution pursuant to § 76.7(g)(2) of this
chapter, within five calendar days after the parties inform the Chief
Administrative Law Judge that they have failed to resolve their dispute
through alternative dispute resolution. The written appearance shall
state that the party will appear on the date fixed for hearing and
present evidence on the issues specified in the hearing designation
(2) If the complainant fails to file a written appearance by this
deadline, or fails to file prior to the deadline either a petition to
dismiss the proceeding without prejudice or a petition to accept, for
good cause shown, a written appearance beyond such deadline, the Chief
Administrative Law Judge shall dismiss the complaint with prejudice for
failure to prosecute.
(3) If the defendant fails to file a written appearance by this
deadline, or fails to file prior to this deadline a petition to accept,
for good cause shown, a written appearance beyond such deadline, its
opportunity to present evidence at hearing will be deemed to have been
waived. If the hearing is so waived, the Chief Administrative Law Judge
shall expeditiously terminate the proceeding and certify to the
Commission the complaint for resolution based on the existing record.
(5 U.S.C. 554. Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309)
[ 28 FR 12424 , Nov. 22, 1963, as amended at 51 FR 19347 , May 29, 1986;
52 FR 5288 , Feb. 20, 1987; 55 FR 19154 , May 8, 1990; 56 FR 25638 , June
5, 1991; 64 FR 60725 , Nov. 8, 1999; 66 FR 47895 , Sept. 14, 2001; 67 FR 13223 , Mar. 21, 2002; 76 FR 60672 , Sept. 29, 2011]
Goto Section: 1.211 | 1.223
Goto Year: 2019 |
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