[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: 47CFR1.65]



[Page 117-118]

 

                       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.  1.65  Substantial and significant changes in information furnished by 

applicants to the Commission.



    (a) Each applicant is responsible for the continuing accuracy and 

completeness of information furnished in a pending application or in 

Commission proceedings involving a pending application. Whenever the 

information furnished in the pending application is no longer 

substantially accurate and complete in all significant respects, the 

applicant shall as promptly as possible and in any event within 30 days, 

unless good cause is shown, amend or request the amendment of his 

application so as to furnish such additional or corrected information as 

may be appropriate. Whenever there has been a substantial change as to 

any other matter which may be of decisional significance in a Commission 

proceeding involving the pending application, the applicant shall as 

promptly as possible and in any event within 30 days, unless good cause 

is shown, submit a statement furnishing such additional or corrected 

information as may be appropriate, which shall be served upon parties of 

record in accordance with Sec.  1.47. Where the matter is before any 

court for review, statements and requests to amend shall in addition be 

served upon the Commission's General Counsel. For the purposes of this 

section, an application is ``pending'' before the Commission from the 

time it is accepted for filing by the Commission until a Commission 

grant or denial of the application is no longer subject to 

reconsideration by the Commission or to review by any court.

    (b) Applications in broadcast services subject to competitive 

bidding will be subject to the provisions of Sec. Sec.  1.2105(b), 

73.5002 and 73.3522 of this chapter regarding the modification of their 

applications.

    (c) All broadcast permittees and licensees must report annually to 

the Commission any adverse finding or adverse final action taken by any 

court or administrative body that involves conduct bearing on the 

permittee's or licensee's character qualifications and



[[Page 118]]



that would be reportable in connection with an application for renewal 

as reflected in the renewal form. If a report is required by this 

paragraph(s), it shall be filed on the anniversary of the date that the 

licensee's renewal application is required to be filed, except that 

licensees owning multiple stations with different anniversary dates need 

file only one report per year on the anniversary of their choice, 

provided that their reports are not more than one year apart. Permittees 

and licensees bear the obligation to make diligent, good faith efforts 

to become knowledgeable of any such reportable adjudicated misconduct.



    Note: The terms adverse finding and adverse final action as used in 

paragraph (c) of this section include adjudications made by an ultimate 

trier of fact, whether a government agency or court, but do not include 

factual determinations which are subject to review de novo unless the 

time for taking such review has expired under the relevant procedural 

rules. The pendency of an appeal of an adverse finding or adverse final 

action does not relieve a permittee or licensee from its obligation to 

report the finding or action.



[48 FR 27200, June 13, 1983, as amended at 55 FR 23084, June 6, 1990; 56 

FR 25635, June 5, 1991; 56 FR 44009, Sept. 6, 1991; 57 FR 47412, Oct. 

16, 1992; 63 FR 48622, Sept. 11, 1998; 69 FR 72026, Dec. 10, 2004]