2002 CFR Title 47, Volume 1

Title 47--Telecommunication CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION PART 1--PRACTICE AND PROCEDURE
	1.1	Proceedings before the Commission.
	1.2	Declaratory rulings.
	1.3	Suspension, amendment, or waiver of rules.
	1.4	Computation of time.
	1.5	Mailing address furnished by licensee.
	1.6	Availability of station logs and records for Commission inspection.
	1.7	Documents are filed upon receipt.
	1.8	Withdrawal of papers.
	1.10	Transcript of testimony; copies of documents submitted.
	1.12	Notice to attorneys of Commission documents.
	1.13	Filing of petitions for review and notices of appeals of Commission orders.
	1.14	Citation of Commission documents.
	1.16	Unsworn declarations under penalty of perjury in lieu of affidavits.
	1.17	Truthful written statements and responses to Commission inquiries and correspondence.
	1.18	Administrative Dispute Resolution.
	1.19	Use of metric units required.
	1.21	Parties.
	1.22	Authority for representation.
	1.23	Persons who may be admitted to practice.
	1.24	Censure, suspension, or disbarment of attorneys.
	1.26	Appearances.
	1.27	Witnesses; right to counsel.
	1.41	Informal requests for Commission action.
	1.42	Applications, reports, complaints; cross-reference.
	1.43	Requests for stay; cross-reference.
	1.44	Separate pleadings for different requests.
	1.45	Pleadings; filing periods.
	1.46	Motions for extension of time.
	1.47	Service of documents and proof of service.
	1.48	Length of pleadings.
	1.49	Specifications as to pleadings and documents.
	1.50	Specifications as to briefs.
	1.51	Number of copies of pleadings, briefs and other papers.
	1.52	Subscription and verification.
	1.53	Separate pleadings for petitions for forbearance.
	1.61	Procedures for handling applications requiring special aeronautical study.
	1.62	Operation pending action on renewal application.
	1.65	Substantial and significant changes in information furnished by applicants to the Commission.
	1.68	Action on application for license to cover construction permit.
	1.77	Detailed application procedures; cross references.
	1.80	Forfeiture proceedings.
	1.83	Applications for radio operator licenses.
	1.85	Suspension of operator licenses.
	1.87	Modification of license or construction permit on motion of the Commission.
	1.88	Predesignation pleading procedure.
	1.89	Notice of violations.
	1.91	Revocation and/or cease and desist proceedings; hearings.
	1.92	Revocation and/or cease and desist proceedings; after waiver of hearing.
	1.93	Consent orders.
	1.94	Consent order procedures.
	1.95	Violation of consent orders.
	1.101	General provisions.
	1.102	Effective dates of actions taken pursuant to delegated authority.
	1.103	Effective dates of Commission actions; finality of Commission actions.
	1.104	Preserving the right of review; deferred consideration of application for review.
	1.106	Petitions for reconsideration.
	1.108	Reconsideration on Commission's own motion.
	1.110	Partial grants; rejection and designation for hearing.
	1.113	Action modified or set aside by person, panel, or board.
	1.115	Application for review of action taken pursuant to delegated authority.
	1.117	Review on motion of the Commission.
	1.120	Protests of grants without hearing.
	1.201	Scope.
	1.202	Official reporter; transcript.
	1.203	The record.
	1.204	Pleadings; definition.
	1.205	Continuances and extensions.
	1.207	Interlocutory matters, reconsideration and review; cross references.
	1.209	Identification of responsible officer in caption to pleading.
	1.211	Service.
	1.221	Notice of hearing; appearances.
	1.223	Petitions to intervene.
	1.224	Motion to proceed in forma pauperis.
	1.225	Participation by non-parties; consideration of communications.
	1.227	Consolidations.
	1.229	Motions to enlarge, change, or delete issues.
	1.241	Designation of presiding officer.
	1.243	Authority of presiding officer.
	1.244	Designation of a settlement judge.
	1.245	Disqualification of presiding officer.
	1.246	Admission of facts and genuineness of documents.
	1.248	Prehearing conferences; hearing conferences.
	1.249	Prehearing statement.
	1.250	Discovery and preservation of evidence; cross-reference.
	1.251	Summary decision.
	1.253	Time and place of hearing.
	1.254	Nature of the hearing; burden of proof.
	1.255	Order of procedure.
	1.258	Closing of the hearing.
	1.260	Certification of transcript.
	1.261	Corrections to transcript.
	1.263	Proposed findings and conclusions.
	1.264	Contents of findings of fact and conclusions.
	1.267	Initial and recommended decisions.
	1.271	Delegation of review function.
	1.273	Waiver of initial or recommended decision.
	1.274	Certification of the record to the Commission for initial or final decision.
	1.276	Appeal and review of initial decision.
	1.277	Exceptions; oral arguments.
	1.279	Limitation of matters to be reviewed.
	1.282	Final decision of the Commission.
	1.291	General provisions.
	1.294	Oppositions and replies.
	1.296	Service.
	1.297	Oral argument.
	1.298	Rulings; time for action.
	1.301	Appeal from presiding officer's interlocutory ruling; effective date of ruling.
	1.302	Appeal from presiding officer's final ruling; effective date of ruling.
	1.311	General.
	1.313	Protective orders.
	1.315	Depositions upon oral examination--notice and preliminary procedure.
	1.316	Depositions upon written interrogatories--notice and preliminary procedure.
	1.318	The taking of depositions.
	1.319	Objections to the taking of depositions.
	1.321	Use of depositions at the hearing.
	1.323	Interrogatories to parties.
	1.325	Discovery and production of documents and things for inspection, copying, or photographing.
	1.331	Who may sign and issue.
	1.333	Requests for issuance of subpena.
	1.334	Motions to quash.
	1.335	Rulings.
	1.336	Service of subpenas.
	1.337	Return of service.
	1.338	Subpena forms.
	1.339	Witness fees.
	1.340	Attendance of witness; disobedience.
	1.351	Rules of evidence.
	1.352	Cumulative evidence.
	1.353	Further evidence during hearing.
	1.354	Documents containing matter not material.
	1.355	Documents in foreign language.
	1.356	Copies of exhibits.
	1.357	Mechanical reproductions as evidence.
	1.358	Tariffs as evidence.
	1.359	Proof of official record; authentication of copy.
	1.360	Proof of lack of record.
	1.361	Other proof of official record.
	1.362	Production of statements.
	1.363	Introduction of statistical data.
	1.364	Testimony by speakerphone.
	1.399	Scope.
	1.400	Definitions.
	1.401	Petitions for rulemaking.
	1.403	Notice and availability.
	1.405	Responses to petitions; replies.
	1.407	Action on petitions.
	1.411	Commencement of rulemaking proceedings.
	1.412	Notice of proposed rulemaking.
	1.413	Content of notice.
	1.415	Comments and replies.
	1.419	Form of comments and replies; number of copies.
	1.420	Additional procedures in proceedings for amendment of the FM or TV Tables of Allotments.
	1.421	Further notice of rulemaking.
	1.423	Oral argument and other proceedings.
	1.425	Commission action.
	1.427	Effective date of rules.
	1.429	Petition for reconsideration.
	1.430	Proceedings on a notice of inquiry.
	1.502	Emergency Broadcast Authorizations.
	1.511	Applications required.
	1.512	Where to file; number of copies.
	1.513	Who may sign applications.
	1.514	Content of applications.
	1.516	Specification of facilities.
	1.517	Contingent applications.
	1.518	Inconsistent or conflicting applications.
	1.519	Repetitious applications.
	1.520	Multiple applications.
	1.522	Amendment of applications.
	1.525	Agreements between parties for amendment or dismissal of, or failure to prosecute, broadcast applications.
	1.526	Records to be maintained locally for public inspection by commercial applicants, permittees and licensees.
	1.527	Records to be maintained locally for public inspection by noncommercial educational applicants, permittees and licensees.
	1.531	Formal and informal applications.
	1.533	Application forms for authority to construct a new station or make changes in an existing station.
	1.534	Application for extension of construction permit or for construction permit to replace expired construction permit.
	1.536	Application for license to cover construction permit.
	1.538	Application for modification of license.
	1.539	Application for renewal of license.
	1.540	Application for voluntary assignment or transfer of control.
	1.541	Application for involuntary assignment of license or transfer of control.
	1.542	Application for temporary authorization.
	1.543	Application for renewal or modification of special service authorization.
	1.544	Application for broadcast station to conduct field strength measurements and for experimental operation.
	1.545	Application for permit to deliver programs to foreign countries.
	1.546	Application to determine operating power by direct measurement of antenna power.
	1.549	Requests for extension of authority to operate without required monitors, indicating instruments, and EBS Attention Signal devices.
	1.550	Requests for new or modified call sign assignments.
	1.561	Staff consideration of applications which receive action by the Commission.
	1.562	Staff consideration of applications which do not require action by the Commission.
	1.564	Acceptance of applications.
	1.566	Defective applications.
	1.568	Dismissal of applications.
	1.570	AM broadcast station applications involving other North American countries.
	1.571	Processing AM broadcast station applications.
	1.572	Processing TV broadcast and translator station applications.
	1.573	Processing FM broadcast and translator station applications.
	1.574	Processing of international broadcast station applications.
	1.578	Amendments to applications for renewal, assignment or transfer of control.
	1.580	Local public notice of filing of broadcast applications.
	1.584	Petitions to deny.
	1.587	Procedure for filing informal applications.
	1.591	Grants without hearing.
	1.592	Conditional grant.
	1.593	Designation for hearing.
	1.594	Local public notice of designation for hearing.
	1.597	Procedures on transfer and assignment applications.
	1.598	Period of construction.
	1.599	Forfeiture of construction permit.
	1.601	Simultaneous modification and renewal of license.
	1.603	Special waiver procedure relative to applications.
	1.605	Retention of applications in hearing status after designation for hearing.
	1.612	Annual employment report.
	1.613	Filing of contracts.
	1.615	Ownership reports.
	1.701	Show cause orders.
	1.703	Appearances.
	1.711	Formal or informal complaints.
	1.716	Form.
	1.717	Procedure.
	1.718	Unsatisfied informal complaints; formal complaints relating back to the filing dates of informal complaints.
	1.719	Informal complaints filed pursuant to section 258.
	1.720	General pleading requirements.
	1.721	Format and content of complaints.
	1.722	Damages.
	1.723	Joinder of complainants and causes of action.
	1.724	Answers.
	1.725	Cross-complaints and counterclaims.
	1.726	Replies.
	1.727	Motions.
	1.728	Formal complaints not stating a cause of action; defective pleadings.
	1.729	Discovery.
	1.730	The Enforcement Bureau's Accelerated Docket.
	1.731	Confidentiality of information produced or exchanged by the parties.
	1.732	Other required written submissions.
	1.733	Status conference.
	1.734	Specifications as to pleadings, briefs, and other documents; subscription.
	1.735	Copies; service; separate filings against multiple defendants.
	1.736	Complaints filed pursuant to 47 U.S.C. 271(d)(6)(B).
	1.741	Scope.
	1.742	Place of filing, fees, and number of copies.
	1.743	Who may sign applications.
	1.744	Amendments.
	1.745	Additional statements.
	1.746	Defective applications.
	1.747	Inconsistent or conflicting applications.
	1.748	Dismissal of applications.
	1.749	Action on application under delegated authority.
	1.761	Cross reference.
	1.763	Construction, extension, acquisition or operation of lines.
	1.764	Discontinuance, reduction, or impairment of service.
	1.767	Cable landing licenses.
	1.768	Notification by and prior approval for submarine cable landing licensees that are or propose to become affiliated with a foreign carrier.
	1.771	Filing.
	1.772	Application for special tariff permission.
	1.773	Petitions for suspension or rejection of new tariff filings.
	1.774	Pricing flexibility.
	1.781	Requests for extension of filing time.
	1.783	Filing.
	1.785	Annual financial reports.
	1.787	Reports of proposed changes in depreciation rates.
	1.788	Reports regarding pensions and benefits.
	1.789	Reports regarding division of international telegraph communication charges.
	1.790	Reports relating to traffic by international carriers.
	1.791	Reports and requests to be filed under part 32 of this chapter.
	1.795	Reports regarding interstate rates of return.
	1.802	Reports relating to continuing authority to supplement facilities or to provide temporary or emergency service.
	1.803	Reports relating to reduction in temporary experimental service.
	1.805	Reports relating to service by carriers engaged in public radio service operations.
	1.811	Reports regarding amendments to charters, by-laws and partnership agreements of carriers engaged in domestic public radio services.
	1.814	Reports regarding free service rendered the Government for national defense.
	1.815	Reports of annual employment.
	1.821	Scope.
	1.822	General selection procedures.
	1.824	Random selection procedures for Multichannel Multipoint Distribution Service and Multipoint Distribution Service H-Channel stations.
	1.901	Basis and purpose.
	1.902	Scope.
	1.903	Authorization required.
	1.907	Definitions.
	1.911	Station files.
	1.913	Application forms; electronic and manual filing.
	1.915	General application requirements.
	1.917	Who may sign applications.
	1.919	Ownership information.
	1.923	Content of applications.
	1.924	Quiet zones.
	1.925	Waivers.
	1.926	Application processing; initial procedures.
	1.927	Amendment of applications.
	1.928	Frequency coordination, Canada.
	1.929	Classification of filings as major or minor.
	1.931	Application for special temporary authority.
	1.933	Public notices.
	1.934	Defective applications and dismissal.
	1.935	Agreements to dismiss applications, amendments or pleadings.
	1.937	Repetitious or conflicting applications.
	1.939	Petitions to deny.
	1.945	License grants.
	1.946	Construction and coverage requirements.
	1.947	Modification of licenses.
	1.948	Assignment of authorization or transfer of control, notification of consummation.
	1.949	Application for renewal of license.
	1.951	Duty to respond to official communications.
	1.955	Termination of authorizations.
	1.956	Settlement conferences.
	1.957	Procedure with respect to amateur radio operator license.
	1.981	Reports, annual and semiannual.
	1.1101	Authority.
	1.1102	Schedule of charges for applications and other filings in the wireless telecommunications services.
	1.1103	Schedule of charges for equipment approval, experimental radio services, and international telecommunications settlements.
	1.1104	Schedule of charges for applications and other filings for the Mass Media Services.
	1.1105	Schedule of charges for applications and other filings in the common carrier services.
	1.1106	Schedule of charges for applications and other filings in the cable services.
	1.1107	Schedule of charges for applications and other filings in the international services.
	1.1108	Attachment of charges.
	1.1109	Payment of charges.
	1.1110	Form of payment.
	1.1111	Filing locations.
	1.1112	Conditionality of Commission or staff authorizations.
	1.1113	Return or refund of charges.
	1.1114	General exemptions to charges.
	1.1115	Adjustments to charges.
	1.1116	Penalty for late or insufficient payments.
	1.1117	Petitions and applications for review.
	1.1118	Error claims.
	1.1119	Billing procedures.
	1.1151	Authority to prescribe and collect regulatory fees.
	1.1152	Schedule of annual regulatory fees and filing locations for wireless radio services.
	1.1153	Schedule of annual regulatory fees and filing locations for mass media services.
	1.1154	Schedule of annual regulatory charges and filing locations for common carrier services.
	1.1155	Schedule of regulatory fees and filing locations for cable television services.
	1.1156	Schedule of regulatory fees and filing locations for international services.
	1.1157	Payment of charges for regulatory fees.
	1.1158	Form of payment for regulatory fees.
	1.1159	Filing locations and receipts for regulatory fees.
	1.1160	Refunds of regulatory fees.
	1.1161	Conditional license grants and delegated authorizations.
	1.1162	General exemptions from regulatory fees.
	1.1163	Adjustments to regulatory fees.
	1.1164	Penalties for late or insufficient regulatory fee payments.
	1.1165	Payment by cashier's check for regulatory fees.
	1.1166	Waivers, reductions and deferrals of regulatory fees.
	1.1167	Error claims related to regulatory fees.
	1.1181	Authority to prescribe and collect fees for competitive bidding-related services and products.
	1.1182	Schedule of fees for products and services provided by the Commission in connection with competitive bidding procedures.
	1.1200	Introduction.
	1.1202	Definitions.
	1.1203	Sunshine period prohibition.
	1.1204	Exempt ex parte presentations and proceedings.
	1.1206	Permit-but-disclose proceedings.
	1.1208	Restricted proceedings.
	1.1210	Prohibition on solicitation of presentations.
	1.1212	Procedures for handling of prohibited ex parte presentations.
	1.1214	Disclosure of information concerning violations of this subpart.
	1.1216	Sanctions.
	1.1301	Basis and purpose.
	1.1302	Cross-reference; Regulations of the Council on Environmental Quality.
	1.1303	Scope.
	1.1304	Information and assistance.
	1.1305	Actions which normally will have a significant impact upon the environment, for which Environmental Impact Statements must be prepared.
	1.1306	Actions which are categorically excluded from environmental processing.
	1.1307	Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared.
	1.1308	Consideration of environmental assessments (EAs); findings of no significant impact.
	1.1309	Application amendments.
	1.1310	Radiofrequency radiation exposure limits.
	1.1311	Environmental information to be included in the environmental assessment (EA).
	1.1312	Facilities for which no preconstruction authorization is required.
	1.1313	Objections.
	1.1314	Environmental impact statements (EISs).
	1.1315	The Draft Environmental Impact Statement (DEIS); Comments.
	1.1317	The Final Environmental Impact Statement (FEIS).
	1.1319	Consideration of the environmental impact statements.
	1.1401	Purpose.
	1.1402	Definitions.
	1.1403	Duty to provide access; modifications; notice of removal, increase or modification; petition for temporary stay; and cable operator notice.
	1.1404	Complaint.
	1.1405	File numbers.
	1.1406	Dismissal of complaints.
	1.1407	Response and reply.
	1.1408	Number of copies and form of pleadings.
	1.1409	Commission consideration of the complaint.
	1.1410	Remedies.
	1.1411	Meetings and hearings.
	1.1412	Enforcement.
	1.1413	Forfeiture.
	1.1414	State certification.
	1.1415	Other orders.
	1.1416	Imputation of rates; modification costs.
	1.1417	Allocation of Unusable Space Costs.
	1.1418	Use of presumptions in calculating the space factor.
	1.1501	Purpose of these rules.
	1.1502	When the EAJA applies.
	1.1503	Proceedings covered.
	1.1504	Eligibility of applicants.
	1.1505	Standards for awards.
	1.1506	Allowable fees and expenses.
	1.1507	Rulemaking on maximum rates for attorney fees.
	1.1508	Awards against other agencies.
	1.1511	Contents of application.
	1.1512	Net worth exhibit.
	1.1513	Documentation of fees and expenses.
	1.1514	When an application may be filed.
	1.1521	Filing and service of documents.
	1.1522	Answer to application.
	1.1523	Reply.
	1.1524	Comments by other parties.
	1.1525	Settlement.
	1.1526	Further proceedings.
	1.1527	Decision.
	1.1528	Commission review.
	1.1529	Judicial review.
	1.1530	Payment of award.
	1.1601	Scope.
	1.1602	Designation for random selection.
	1.1603	Conduct of random selection.
	1.1604	Post-selection hearings.
	1.1621	Definitions.
	1.1622	Preferences.
	1.1623	Probability calculation.
	1.1801	Purpose.
	1.1802	Applications.
	1.1803	Definitions.
	1.1810	Self-evaluation.
	1.1811	Notice.
	1.1830	General prohibitions against discrimination.
	1.1840	Employment.
	1.1849	Program accessibility: Discrimination prohibited.
	1.1850	Program accessibility: Existing facilities.
	1.1851	Program accessibility: New construction and alterations.
	1.1860	Communications.
	1.1870	Compliance procedures.
	1.1901	Definitions.
	1.1902	Exceptions.
	1.1903	Use of procedures.
	1.1904	Conformance to law and regulations.
	1.1905	Other procedures; collection of forfeiture penalties.
	1.1906	Informal action.
	1.1907	Return of property.
	1.1908	Omissions not a defense.
	1.1911	Demand for payment.
	1.1912	Collection by administrative offset.
	1.1913	Administrative offset against amounts payable from Civil Service Retirement and Disability Fund.
	1.1914	Collection in installments.
	1.1915	Exploration of compromise.
	1.1916	Suspending or terminating collection action.
	1.1917	Referrals to the Department of Justice or the General Accounting Office.
	1.1918	Use of consumer reporting agencies.
	1.1919	Contracting for collection services.
	1.1925	Purpose.
	1.1926	Scope.
	1.1927	Notification.
	1.1928	Hearing.
	1.1929	Deduction from pay.
	1.1930	Liquidation from final check or recovery from other payment.
	1.1931	Non-waiver of rights by payments.
	1.1932	Refunds.
	1.1933	Interest, penalties and administrative costs.
	1.1934	Recovery when paying agency is not creditor agency.
	1.1935	Obtaining the services of a hearing official.
	1.1940	Assessment.
	1.1941	Exemptions.
	1.1942	Other sanctions.
	1.1950	Reporting discharged debts to the Internal Revenue Service.
	1.1951	Offset against tax refunds.
	1.1952	Interagency requests.
	1.2001	Purpose.
	1.2002	Applicants required to submit information.
	1.2003	Applications affected.
	1.2101	Purpose.
	1.2102	Eligibility of applications for competitive bidding.
	1.2103	Competitive bidding design options.
	1.2104	Competitive bidding mechanisms.
	1.2105	Bidding application and certification procedures; prohibition of collusion.
	1.2106	Submission of upfront payments.
	1.2107	Submission of down payment and filing of long-form applications.
	1.2108	Procedures for filing petitions to deny against long-form applications.
	1.2109	License grant, denial, default, and disqualification.
	1.2110	Designated entities.
	1.2111	Assignment or transfer of control: unjust enrichment.
	1.2112	Ownership disclosure requirements for short- and long-form applications.
	1.2113	Construction prior to grant of application.
	1.3000	Purpose and scope.
	1.3001	Definitions.
	1.3002	Structural rules and prohibitions.
	1.3003	Mandatory factors for evaluating conflicts of interest.
	1.3004	Public disclosure and reporting requirements.
	1.4000	Restrictions impairing reception of television broadcast signals, direct broadcast satellite services or multichannel multipoint distribution services.
	1.5000	Purpose.
	1.5001	Definitions.
	1.5002	Contents of application and procedure for filing.
	1.5003	Effect of filing.
	1.5004	Commission action.
	1.5005	Notification of Commission action to the Securities and Exchange Commission.
	1.5006	Procedure for notifying Commission of material change in facts.
	1.5007	Comments.
	1.6000	Purpose.
	1.6001	Retransmission consent complaint procedures.
	1.6002	Form and content.
	1.6003	Service requirements.
	1.6004	Answers.
	1.6005	Exclusive defenses.
	1.6006	Counting of violations.
	1.6007	Burden of proof.
	1.6008	Determinations.
	1.6009	Relief.
	1.6010	Reporting of remedial measures.
	1.6011	Effective date.
	1.6012	Sunset provisions.
	1.7000	Purpose.
	1.7001	Scope and content of filed reports.
	1.7002	Frequency of reports.
	1.8001	FCC Registration Number (FRN).
	1.8002	Obtaining an FRN.
	1.8003	Providing the FRN in Commission Filings.
	1.8004	Penalty for Failure to Provide the FRN.