[Code of Federal Regulations]

[Title 47, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR1.92]



[Page 127-128]

 

                       TITLE 47--TELECOMMUNICATION

 

              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION

 

PART 1_PRACTICE AND PROCEDURE--Table of Contents

 

            Subpart A_General Rules of Practice and Procedure

 

Sec. 1.92  Revocation and/or cease and desist proceedings; after waiver 

of hearing.



    (a) After the issuance of an order to show cause, pursuant to Sec. 

1.91, calling upon a person to appear at a hearing before the 

Commission, the occurrence of any one of the following events or 

circumstances will constitute a waiver of such hearing and the 

proceeding thereafter will be conducted in accordance with the 

provisions of this section.

    (1) The respondent fails to file a timely written appearance as 

prescribed in Sec. 1.91(c) indicating that he will appear at a hearing 

and present evidence on the matters specified in the order.

    (2) The respondent, having filed a timely written appearance as 

prescribed in Sec. 1.91(c), fails in fact to appear in person or by his 

attorney at the time and place of the duly scheduled hearing.

    (3) The respondent files with the Commission, within the time 

specified for a written appearance in Sec. 1.91(c), a written statement 

expressly waiving his rights to a hearing.

    (b) When a hearing is waived under the provisions of paragraph (a) 

(1) or (3) of this section, a written statement signed by the respondent 

denying or seeking to mitigate or justify the circumstances or conduct 

complained of in the order to show cause may be submitted within the 

time specified in Sec. 1.91(c). The Commission in its discretion may 

accept a late statement. However, a statement 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 petitions for acceptance of a late 

statement will be granted only if the Commission determines that the 

facts and reasons stated therein constitute good cause for failure to 

file on time.

    (c) Whenever a hearing is waived by the occurrence of any of the 

events or circumstances listed in paragraph (a) of this section, the 

Chief Administrative Law Judge (or the presiding officer if one has been 

designated) shall, at the earliest practicable date, issue an order 

reciting the events or circumstances constituting a waiver of hearing, 

terminating the hearing proceeding, and certifying the case to the 

Commission. Such order shall be served upon the respondent.

    (d) After a hearing proceeding has been terminated pursuant to 

paragraph (c) of this section, the Commission will act upon the matters 

specified in the order to show cause in the regular course of business. 

The Commission will determine on the basis of all the information 

available to it from any



[[Page 128]]



source, including such further proceedings as may be warranted, if a 

revocation order and/or a cease and desist order should issue, and if 

so, will issue such order. Otherwise, the Commission will issue an order 

dismissing the proceeding. All orders specified in this paragraph will 

include a statement of the findings of the Commission and the grounds 

and reasons therefor, will specify the effective date thereof, and will 

be served upon the respondent.

    (e) Corrections 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.



(Sec. 312, 48 Stat. 1086, as amended; 47 U.S.C. 312)



[28 FR 12415, Nov. 22, 1963, as amended at 29 FR 6443, May 16, 1964; 37 

FR 19372, Sept. 20, 1972]