Goto Section: 1.211 | 1.223 | Table of Contents

FCC 1.221
Revised as of February 25, 2021
Goto Year:2020 | 2022
  §  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 shall be mailed to
   the applicant and the order, or a summary thereof, shall be published
   in the Federal Register. Reasonable notice of hearing will be given to
   the parties in all proceedings.

   (c) In order to avail themselves of the opportunity to be heard,
   applicants or their attorney shall file, within 20 days of the mailing
   of the order designating a matter for hearing, a written appearance
   stating that the applicant will present evidence on the matters
   specified in the order and, if required by the order, appear before the
   presiding officer at a date and time to be determined. 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 proceeding any person found to be a party in interest.

   (e) In order to avail themselves of the opportunity to be heard, any
   persons named as parties pursuant to paragraph (d) of this section
   shall, within 20 days of the mailing of the order designating them as
   parties to a hearing proceeding, file personally or by attorney a
   written appearance that they will present evidence on the matters
   specified in the order and, if required by the order, appear before the
   presiding officer at a date and time to be determined. Any persons so
   named who fail to file this written appearance within the time
   specified, shall, unless good cause for such failure is shown, forfeit
   their hearing rights.

   (f)(1) For program carriage complaints filed pursuant to § 76.1302 of
   this chapter that the Chief, Media Bureau refers to a presiding
   officer, each party, in person or by attorney, shall file a written
   appearance within five calendar days after the party informs the
   presiding officer 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 presiding officer that they have failed to resolve
   their dispute through alternative dispute resolution. The written
   appearance shall state that the party will appear for hearing and
   present evidence on the issues specified in the hearing designation
   order.

   (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
   presiding officer 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 presiding officer shall
   expeditiously terminate the proceeding and certify to the Commission
   the complaint for resolution based on the existing record. When the
   Commission has designated itself as the presiding officer, it shall
   expeditiously terminate the proceeding and resolve the complaint based
   on the existing record.

   (5 U.S.C. 554; 47 U.S.C. 154, 159, 208, 209, 214, 309, 312, 316, and
   409)

   [ 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;  85 FR 63174 , Oct. 6,
   2020]

   


Goto Section: 1.211 | 1.223

Goto Year: 2020 | 2022
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