[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: 47CFR1.91]



[Page 126]

 

                       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.  1.91  Revocation and/or cease and desist proceedings; hearings.



    (a) If it appears that a station license or construction permit 

should be revoked and/or that a cease and desist order should be issued, 

the Commission will issue an order directing the person to show cause 

why an order of revocation and/or a cease and desist order, as the facts 

may warrant, should not be issued.

    (b) An order to show cause why an order of revocation and/or a cease 

and desist order should not be issued will contain a statement of the 

matters with respect to which the Commission is inquiring and will call 

upon the person to whom it is directed (the respondent) to appear before 

the Commission at a hearing, at a time and place stated in the order, 

but not less than thirty days after the receipt of such order, and given 

evidence upon the matters specified in the order to show cause. However, 

if safety of life or property is involved, the order to show cause may 

specify a hearing date less than thirty days from the receipt of such 

order.

    (c) To avail himself of such opportunity for hearing, the 

respondent, personally or by his attorney, shall file with the 

Commission, within thirty days of the service of the order or such 

shorter period as may be specified therein, a written appearance stating 

that he will appear at the hearing and present evidence on the matters 

specified in the order. The Commission in its discretion may accept a 

late appearance. However, an appearance 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 petition for acceptance of late appearance will 

be granted only if the Commission determines that the facts and reasons 

stated therein constitute good cause for failure to file on time.

    (d) Hearings on the matters specified in such orders to show cause 

shall accord with the practice and procedure prescribed in this subpart 

and subpart B of this part, with the following exceptions: (1) In all 

such revocation and/or cease and desist hearings, the burden of 

proceeding with the introduction of evidence and the burden of proof 

shall be upon the Commission; and (2) the Commission may specify in a 

show cause order, when the circumstances of the proceeding require 

expedition, a time less than that prescribed in Sec. Sec.  1.276 and 

1.277 within which the initial decision in the proceeding shall become 

effective, exceptions to such initial decision must be filed, parties 

must file requests for oral argument, and parties must file notice of 

intention to participate in oral argument.

    (e) Correction of 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.

    (f) Any order of revocation and/or cease and desist order issued 

after hearing pursuant to this section shall include a statement of 

findings and the grounds therefor, shall specify the effective date of 

the order, and shall be served on the person to whom such order is 

directed.



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