[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: 47CFR1.89]



[Page 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.  1.89  Notice of violations.



    (a) Except in cases of willfulness or those in which public health, 

interest, or safety requires otherwise, any person who holds a license, 

permit or other authorization appearing to have violated any provision 

of the Communications Act or any provision of this chapter will, before 

revocation, suspension, or cease and desist proceedings are instituted, 

be served with a written notice calling these facts to his or her 

attention and requesting a statement concerning the matter. FCC Form 793 

may be used for this purpose. The Notice of Violation may be combined 

with a Notice of Apparent Liability to Monetary Forfeiture. In such 

event, notwithstanding the Notice of Violation, the provisions of Sec.  

1.80 apply and not those of Sec.  1.89.

    (b) Within 10 days from receipt of notice or such other period as 

may be specified, the recipient shall send a written answer, in 

duplicate, directly to the Commission office originating the official 

notice. If an answer cannot be sent or an acknowledgment cannot be made 

within such 10-day period by reason of illness or other unavoidable 

circumstance, acknowledgment and answer shall be made at the earliest 

practicable date with a satisfactory explanation of the delay.

    (c) The answer to each notice shall be complete in itself and shall 

not be abbreviated by reference to other communications or answers to 

other notices. In every instance the answer shall contain a statement of 

action taken to correct the condition or omission complained of and to 

preclude its recurrence. In addition:

    (1) If the notice relates to violations that may be due to the 

physical or electrical characteristics of transmitting apparatus and any 

new apparatus is to be installed, the answer shall state the date such 

apparatus was ordered, the name of the manufacturer, and the promised 

date of delivery. If the installation of such apparatus requires a 

construction permit, the file number of the application shall be given, 

or if a file number has not been assigned by the Commission, such 

identification shall be given as will permit ready identification of the 

application.

    (2) If the notice of violation relates to lack of attention to or 

improper operation of the transmitter, the name and license number of 

the operator in charge (where applicable) shall be given.



[48 FR 24890, June 3, 1983]



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