[Code of Federal Regulations]

[Title 47, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 47CFR1.62]



[Page 116-117]

 

                       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.  1.62  Operation pending action on renewal application.



    (a)(1) Where there is pending before the Commission at the time of 

expiration of license any proper and timely application for renewal of 

license with respect to any activity of a continuing



[[Page 117]]



nature, in accordance with the provisions of section 9(b) of the 

Administrative Procedure Act, such license shall continue in effect 

without further action by the Commission until such time as the 

Commission shall make a final determination with respect to the renewal 

application. No operation by any licensee under this section shall be 

construed as a finding by the Commission that the operation will serve 

the public interest, convenience, or necessity, nor shall such operation 

in any way affect or limit the action of the Commission with respect to 

any pending application or proceeding.

    (2) A licensee operating by virtue of this paragraph shall, after 

the date of expiration specified in the license, post, in addition to 

the original license, any acknowledgment received from the Commission 

that the renewal application has been accepted for filing or a signed 

copy of the application for renewal of license which has been submitted 

by the licensee, or in services other than broadcast and common carrier, 

a statement certifying that the licensee has mailed or filed a renewal 

application, specifying the date of mailing or filing.

    (b) Where there is pending before the Commission at the time of 

expiration of license any proper and timely application for renewal or 

extension of the term of a license with respect to any activity not of a 

continuing nature, the Commission may in its discretion grant a 

temporary extension of such license pending determination of such 

application. No such temporary extension shall be construed as a finding 

by the Commission that the operation of any radio station thereunder 

will serve the public interest, convenience, or necessity beyond the 

express terms of such temporary extension of license, nor shall such 

temporary extension in any way affect or limit the action of the 

Commission with respect to any pending application or proceeding.

    (c) Except where an instrument of authorization clearly states on 

its face that it relates to an activity not of a continuing nature, or 

where the non-continuing nature is otherwise clearly apparent upon the 

face of the authorization, all licenses issued by the Commission shall 

be deemed to be related to an activity of a continuing nature.



(5 U.S.C. 558)