FCC Web Documents citing 1.302

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-437A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-437A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-437A2.txt
  • maximum allowed by MO&O, FCC 03M-33) for BOI's willful failure to timely make its TRS contribution; and $10,000 (less than what MO&O, FCC 03M-33 allowed but consistent with 47 C.F.R. § 1.80, note to section (b)(4), Section 1) for BOI's repeated failures to timely file Worksheets. However, the Commission may review the Consent Decree on its own motion under § 1.302 of the Commission's rules. See § 1.94(e). Therefore, this Consent Order and the Consent Decree will become effective and this proceeding is terminated 50 days after its public release if the Commission does not review the Consent Order and/or the Consent Decree on its own motion. 47 C.F.R. § 1.302. Courtesy copies of this Consent Order were sent to counsel
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1889A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1889A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1889A1.txt
  • for FM translator Station K216EQ, Daingerfield, Texas and that the Media Bureau canceled that authorization. We further note that the presiding Administrative Law Judge (``Presiding Judge'') dismissed with prejudice KCI's captioned application for a construction permit for a new noncommercial educational FM station in Daingerfield, Texas, and that KCI did not timely seek review of that action pursuant to section 1.302 of the Commission's rules. Accordingly, we do not make any findings relative to the issues designated below, including whether KCI is qualified to be and remain the licensee of Station K216EQ, and we dismiss the proceeding. background On March 15, 2005, the Commission released an Order to Show Cause, Hearing Designation Order and Notice of Opportunity for Hearing (``OSC''), designating
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1658A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1658A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1658A1.txt
  • below. Part 0, Subpart B, Delegations of Authority. This Order amends the following rules in Part 0, Subpart B, Delegations of Authority, to delete or update references that are obsolete: Section 0.201(c), which, among other things, pertains to appeals from presiding officers' rulings, is amended to change the reference to section 1.301 in the second sentence to sections 1.301 and 1.302. The referenced procedures for appeals from rulings of the presiding officer are now governed by both sections. The rule is further amended to delete the third sentence because it refers to section 1.303, which the Commission has eliminated. Section 0.211(e), which pertains to the Chairman's delegated authority, is amended to change ``Federal Procurement Regulations'' to ``the Federal Acquisition Regulation'' because
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05M-12A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05M-12A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05M-12A1.txt
  • funds include $7,963,875 (plus interest) [see Consent Decree at ¶ 2(k) - ``Reimburse-ment Amount''] and $2,381,440 that Dr. Liebermann and the Public Companies have agreed to waive all rights to and that are currently held by the TRS fund administrator (see Consent Decree at ¶ 11.) The Commission, however, may review the Consent Decree on its own motion under § 1.302 of the Commission's rules. See § 1.94(e). Therefore, the Consent Order and the Consent Decree will become effective and this proceeding is terminated 50 days after its public release if the Commission does not review the Consent Order and/or the Consent Decree on its own motion. 47 C.F.R. § 1.302. Courtesy copies of this Consent Order were sent to counsel
• http://transition.fcc.gov/eb/Orders/2005/DA-05-1889A1.html
  • for FM translator Station K216EQ, Daingerfield, Texas and that the Media Bureau canceled that authorization.3 We further note that the presiding Administrative Law Judge (``Presiding Judge'') dismissed with prejudice KCI's captioned application for a construction permit for a new noncommercial educational FM station in Daingerfield, Texas, and that KCI did not timely seek review of that action pursuant to section 1.302 of the Commission's rules.4 Accordingly, we do not make any findings relative to the issues designated below, including whether KCI is qualified to be and remain the licensee of Station K216EQ, and we dismiss the proceeding. II. BACKGROUND 2. On March 15, 2005, the Commission released an Order to Show Cause, Hearing Designation Order and Notice of Opportunity for Hearing
• http://transition.fcc.gov/eb/Orders/2005/FCC-05M-12A1.html
  • 2 These funds include $7,963,875 (plus interest) [see Consent Decree at 2(k) - ``Reimburse-ment Amount''] and $2,381,440 that Dr. Liebermann and the Public Companies have agreed to waive all rights to and that are currently held by the TRS fund administrator (see Consent Decree at 11.) 3 The Commission, however, may review the Consent Decree on its own motion under 1.302 of the Commission's rules. See 1.94(e). Therefore, the Consent Order and the Consent Decree will become effective and this proceeding is terminated 50 days after its public release if the Commission does not review the Consent Order and/or the Consent Decree on its own motion. 47 C.F.R. 1.302. 4 Courtesy copies of this Consent Order were sent to counsel for
• http://transition.fcc.gov/eb/Public_Notices/DA-04-437A2.html
  • (the maximum allowed by MO&O, FCC 03M-33) for BOI's willful failure to timely make its TRS contribution; and $10,000 (less than what MO&O, FCC 03M-33 allowed but consistent with 47 C.F.R. 1.80, note to section (b)(4), Section 1) for BOI's repeated failures to timely file Worksheets. 4 However, the Commission may review the Consent Decree on its own motion under 1.302 of the Commission's rules. See 1.94(e). Therefore, this Consent Order and the Consent Decree will become effective and this proceeding is terminated 50 days after its public release if the Commission does not review the Consent Order and/or the Consent Decree on its own motion. 47 C.F.R. 1.302. 5 Courtesy copies of this Consent Order were sent to counsel for
• http://www.fcc.gov/eb/Orders/2005/DA-05-1889A1.html
  • for FM translator Station K216EQ, Daingerfield, Texas and that the Media Bureau canceled that authorization.3 We further note that the presiding Administrative Law Judge (``Presiding Judge'') dismissed with prejudice KCI's captioned application for a construction permit for a new noncommercial educational FM station in Daingerfield, Texas, and that KCI did not timely seek review of that action pursuant to section 1.302 of the Commission's rules.4 Accordingly, we do not make any findings relative to the issues designated below, including whether KCI is qualified to be and remain the licensee of Station K216EQ, and we dismiss the proceeding. II. BACKGROUND 2. On March 15, 2005, the Commission released an Order to Show Cause, Hearing Designation Order and Notice of Opportunity for Hearing
• http://www.fcc.gov/eb/Orders/2005/FCC-05M-12A1.html
  • 2 These funds include $7,963,875 (plus interest) [see Consent Decree at 2(k) - ``Reimburse-ment Amount''] and $2,381,440 that Dr. Liebermann and the Public Companies have agreed to waive all rights to and that are currently held by the TRS fund administrator (see Consent Decree at 11.) 3 The Commission, however, may review the Consent Decree on its own motion under 1.302 of the Commission's rules. See 1.94(e). Therefore, the Consent Order and the Consent Decree will become effective and this proceeding is terminated 50 days after its public release if the Commission does not review the Consent Order and/or the Consent Decree on its own motion. 47 C.F.R. 1.302. 4 Courtesy copies of this Consent Order were sent to counsel for
• http://www.fcc.gov/eb/Public_Notices/DA-04-437A2.html
  • (the maximum allowed by MO&O, FCC 03M-33) for BOI's willful failure to timely make its TRS contribution; and $10,000 (less than what MO&O, FCC 03M-33 allowed but consistent with 47 C.F.R. 1.80, note to section (b)(4), Section 1) for BOI's repeated failures to timely file Worksheets. 4 However, the Commission may review the Consent Decree on its own motion under 1.302 of the Commission's rules. See 1.94(e). Therefore, this Consent Order and the Consent Decree will become effective and this proceeding is terminated 50 days after its public release if the Commission does not review the Consent Order and/or the Consent Decree on its own motion. 47 C.F.R. 1.302. 5 Courtesy copies of this Consent Order were sent to counsel for
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/92-53.pdf
  • MEMORANDUMOPINIONANDORDER Adopted:February10,1992; Released:February19,1992 BytheCommission: 1.BeforetheCommissionareanApplicationforReview filedMay9,1991,byHerbertRegenstreif (Regenstreif),aRequestforOfficialNoticefiledJune13. 1991,byBelhouse&Associates,Inc.(Belhouse),andan OppositiontoApplicationforReviewfiledJune17.1991, byMidwayCommunications,Ltd.(Midway).Theseplead- ingsrelatetoaReviewBoarddecision,Hughes-Moore Associates,Inc.,6FCCRcd889(Rev.Bd.1991),recon. denied,6FCCRcd1984(1991),denyingRegenstreifs appealoftheAdministrativeLawJudge'sorder(FCC 90M-2868,releasedSeptember12,1990),allowingMid- waytoparticipateintheapplicants'universalsettlement agreementterminatingthisproceeding.Wewillgrant Regenstreifsapplicationforreview,vacatetheBoard's decisionreinstatingMidway'sapplication.theALJ'sorder allowingMidwaytoparticipateintheagreement.andthe Board'sdecisionshereappealed,andreinstatetheAU's orderdismissingMidway'sapplication. BACKGROUND 2.ByMemorandumOpinionandOrder,FCC90M-103, releasedJanuary18,1990.theAdministrativeLawJudge (ALJ)dismissedMidway'sapplicationforitsfailuretofile anoticeofappearanceasrequiredby47C.F.R.§l.221 anddeniedittherighttopaymentunderasettlement agreemententeredintobytheapplicants:approvedthe remainderofapplicants'agreement:grantedtheconstruc- tionpermithererequestedtoRegenstreifandBelhouse, whohadmergedtheirinterestspursuanttothatagree- ment;andterminatedthisproceeding.1 FederalCommunicationsCommissionRecord 7FCCRcdNo.4 3.TheReviewBoardthereafterreinstatedMidway's applicationrelyingonSt.CroixWirelessCo.,3FCCRcd 4073(1988),notingthattheCommissionheldtherethat anapplicantcouldfilealatenoticeofappearanceand participateinanearlierfiledsettlementagreement,ifthe agreementinvolvedalloftheapplicants,wouldterminate theproceeding,andwouldnotprejudicetheotherparties orthepublic.(Midwayhadfiledalatenoticeofappear- ance.)Sincetheapplicants'settlementagreementwasnot beforeit,theBoardremandedthemattertotheAUfor actionconsistentwithSt.Croix.SeeHughes-MooreAsso- ciates,Inc.,5FCCRcd3694(1990)(hereafterremand order). 4.TheAUonremandappliedSt.Croixandallowed Midwaytojoinintheagreement.Order,FCC90M-2869, releasedSeptember12,1990.Regenstreifappealedthat order,aswellastheBoard'sremandorderuponwhichit waspredicated.HecontendedthatMidwayhadnotinfact filedwiththeCommissionatimelyappealoftheAU's earlierorderdismissingitsapplication,sincenorecordof suchafilingcouldbefoundintheCommission'sfiles, norhadanyofthepartieseverreceivedacopyofthat purportedappeal.Midway'sfailuretofileanappeal, Regenstreifargued,resultedintheALJ'sdismissalorder becomingfinalasamatteroflawunder47C.F.R.§ 1.302,and,thus,actionsthereafterbytheBoard(itsre- mandOrder)andtheAU(allowingMidwaytopartici- pateinthesettlement)werevoidabinitio. 5.Recognizingthatasignificantquestionhadbeen raisedastowhetherMidwayhadfiledwiththeCommission itsquestionedappeal,theBoard,byletterdated November14,1990,directedMidwaytofileastatement fortherecordexplainingthecircumstancessurrounding thefilingofthatappeal.TheBoardemphasizedthatit wasinterestedinobtaininginformationastohowthe appealwasfiled(i.e.,bymail,courier,orbytheapplicant orcounsel),andhowMidwaycametoretainpossessionof apleadingthathadbeenoriginallystampedbytheCom- mission. 6.Midwayrespondedtothatdirectivewithaverified statementfromitscounsel.StatementForTheRecord, filedNovember29.1990.Therein,counselstatedthat Midway'sappealwasfiledwiththeCommissionbyover- nightcourier;thathedidnotknowwhichcourierwas utilizedbutwasattemptingtoobtaininvoicesandbillsof ladingtoestablishtheidentityofthecourier;andthat neitherhenorMidwayhadtheappealstampedoriginal bytheFCC.Counselalsosubmittedanothercopyof Midway'sappeal,pointingoutthattheFCCMailSection stampaffixedthereonindicatedthatitwasfiledonFeb- ruaryl,1990,ratherthanonFebruary19.1990,asthe Boardhadpreviouslyfoundinitsremandorder.Exhibit 13toMidway'sStatementForTheRecord. 7.Basedontheforegoing,theBoardconcludedthat MidwayhadshownthatithadtimelyappealedtheAU's dismissalorder,and,thus,itrejectedRegenstreif'sconten- tionthattheBoardhadimproperlyexerciseditsauthority underSectionl.302whenitruledonthatappealand entereditsremandorder.Accordingly.theBoarddenied Regenstreif'sappealoftheALJ'srulingallowingMidway tojoinintheapplicants'settlementagreement.aftercon- cludingthattheALJhadcorrectlyappliedSt.Croix, supra.Hughes-MooreAssociates,Inc..6FCCRed889 (1991),recon.denied,6FCCRcd1984(1991). 7FCCRcdNo.4 DISCUSSION 8.RegenstreifarguesthatMidway'sstatementforthe recordwasinadequatetoshowthatithadtimelyappealed theALJ'sorderdismissingitsapplication,andthatthe Boarderredinholdingotherwise.Weagree.Throughout thisproceedingMidwayhasreliedoncopiesofitsappeal withanFCCMailSectionstamptoshowthatitfileda timelyappealoftheALJ'sdismissalorder.°TheBoard twiceacceptedthosecopiesasmeetingMidway'sburden ofproofofshowingactualreceiptbytheCommissionof thepurportedappeal:first,whenitreinstatedMidway's applicationandentereditsremandorder(n.2,supra); and,again,whenitrendereditsdecisionhereappealed. WebelievetheBoarderredwhenitfoundthatcopiesof thatpleadingweresufficienttoshowthattheclaimed appealwasactuallyreceivedbytheCommission.Itiswell settledunderestablishedrulesofevidencethatacopyofa documentwillnotsufficewhentheoriginalcontains certainfeaturesthataredisputedandsubjectto disavowment.SeeWigmore,Evidence,§1179,page417, explainingthereasonsforthebestevidencerule:"As