[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: 47CFR1.87]



[Page 124-125]

 

                       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.  1.87  Modification of license or construction permit on motion of the 

Commission.



    (a) Whenever it appears that a station license or construction 

permit should be modified, the Commission shall notify the licensee or 

permittee in writing of the proposed action and reasons therefor, and 

afford the licensee or permittee at least thirty days to protest such 

proposed order of modification, except that, where safety of life or 

property is involved, the Commission may by order provide a shorter 

period of time.

    (b) The notification required in paragraph (a) of this section may 

be effectuated by a notice of proposed rule making in regard to a 

modification or addition of an FM or television channel to the Table of 

Allotments (Sec. Sec.  73.202 and 73.504) or Table of Assignments (Sec.  

73.606). The Commission shall send a copy of any such notice of proposed 

rule making to the affected licensee or permittee by certified mail, 

return receipt requested.

    (c) Any other licensee or permittee who believes that its license or 

permit would be modified by the proposed action may also protest the 

proposed action before its effective date.

    (d) Any protest filed pursuant to this section shall be subject to 

the requirements of section 309 of the Communications Act of 1934, as 

amended, for petitions to deny.

    (e) In any case where a hearing is conducted pursuant to the 

provisions of this section, both the burden of proceeding with the 

introduction of evidence and the burden of proof shall be upon the 

Commission except that, with respect to any issue that pertains to the 

question of whether the proposed action would modify the license or 

permit of a person filing a protest pursuant to paragraph (c) of this 

section, such burdens shall be as described by the Commission.

    (f) In order to utilize the right to a hearing and the opportunity 

to appear and give evidence upon the issues specified in any hearing 

order, the licensee or permittee, in person or by attorney, shall, 

within the period of time as may be specified in the hearing order, file 

with the Commission a written statement stating that he or she will 

appear at the hearing and present evidence on the matters specified in 

the hearing order.

    (g) The right to file a protest or have a hearing shall, unless good 

cause is shown in a petition to be filed not later than 5 days before 

the lapse of time specified in paragraph (a) or (f) of this section, be 

deemed waived:

    (1) In case of failure to timely file the protest as required by 

paragraph (a) of this section or a written statement as required by 

paragraph (f) of this section.

    (2) In case of filing a written statement provided for in paragraph 

(f) of this section but failing to appear at the hearing, either in 

person or by counsel.

    (h) Where the right to file a protest or have a hearing is waived, 

the licensee or permittee will be deemed to have consented to the 

modification as proposed and a final decision may be



[[Page 125]]



issued by the Commission accordingly. Irrespective of any waiver as 

provided for in paragraph (g) of this section or failure by the licensee 

or permittee to raise a substantial and material question of fact 

concerning the proposed modification in his protest, the Commission may, 

on its own motion, designate the proposed modification for hearing in 

accordance with this section.

    (i) Any order of modification issued pursuant to this section shall 

include a statement of the findings and the grounds and reasons 

therefor, shall specify the effective date of the modification, and 

shall be served on the licensee or permittee.



[52 FR 22654, June 15, 1987]