Goto Section: 1.89 | 1.92 | Table of Contents
Revised as of October 1, 2020
Goto Year:2019 |
§ 1.91 Revocation and/or cease and desist proceedings; hearings.
(a) If it appears that a station license or construction permit should
be revoked and/or that a cease and desist order should be issued, the
Commission will issue an order directing the person to show cause why
an order of revocation and/or a cease and desist order, as the facts
may warrant, should not be issued.
(b) An order to show cause why an order of revocation and/or a cease
and desist order should not be issued will contain a statement of the
matters with respect to which the Commission is inquiring and will call
upon the person to whom it is directed (the respondent) to appear
before the Commission at a hearing, at a time and place stated in the
order, but not less than thirty days after the receipt of such order,
and given evidence upon the matters specified in the order to show
cause. However, if safety of life or property is involved, the order to
show cause may specify a hearing date less than thirty days from the
receipt of such order.
(c) To avail himself of such opportunity for hearing, the respondent,
personally or by his attorney, shall file with the Commission, within
thirty days of the service of the order or such shorter period as may
be specified therein, a written appearance stating that he will appear
at the hearing and present evidence on the matters specified in the
order. The Commission in its discretion may accept a late appearance.
However, an appearance tendered after the specified time has expired
will not be accepted unless accompanied by a petition stating with
particularity the facts and reasons relied on to justify such late
filing. Such petition for acceptance of late appearance will be granted
only if the Commission determines that the facts and reasons stated
therein constitute good cause for failure to file on time.
(d) Hearings on the matters specified in such orders to show cause
shall accord with the practice and procedure prescribed in this subpart
and subpart B of this part, with the following exceptions: (1) In all
such revocation and/or cease and desist hearings, the burden of
proceeding with the introduction of evidence and the burden of proof
shall be upon the Commission; and (2) the Commission may specify in a
show cause order, when the circumstances of the proceeding require
expedition, a time less than that prescribed in § § 1.276 and 1.277
within which the initial decision in the proceeding shall become
effective, exceptions to such initial decision must be filed, parties
must file requests for oral argument, and parties must file notice of
intention to participate in oral argument.
(e) Correction of or promise to correct the conditions or matters
complained of in a show cause order shall not preclude the issuance of
a cease and desist order. Corrections or promises to correct the
conditions or matters complained of, and the past record of the
licensee, may, however, be considered in determining whether a
revocation and/or a cease and desist order should be issued.
(f) Any order of revocation and/or cease and desist order issued after
hearing pursuant to this section shall include a statement of findings
and the grounds therefor, shall specify the effective date of the
order, and shall be served on the person to whom such order is
(Sec. 312, 48 Stat. 1086, as amended; 47 U.S.C. 312)
Goto Section: 1.89 | 1.92
Goto Year: 2019 |
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