[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: 47CFR1.94]



[Page 127-128]

 

                       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.  1.94  Consent order procedures.



    (a) Negotiations leading to a consent order may be initiated by the 

operating Bureau or by a party whose possible violations are issues in 

the proceeding. Negotiations may be initiated at any



[[Page 128]]



time after designation of a proceeding for hearing. If negotiations are 

initiated the presiding officer shall be notified. Parties shall be 

prepared at the initial prehearing conference to state whether they are 

at that time willing to enter negotiations. See Sec.  1.248(c)(7). If 

either party is unwilling to enter negotiations, the hearing proceeding 

shall proceed. If the parties agree to enter negotiations, they will be 

afforded an appropriate opportunity to negotiate before the hearing is 

commenced.

    (b) Other parties to the proceeding are entitled, but are not 

required, to participate in the negotiations, and may join in any 

agreement which is reached.

    (c) Every agreement shall contain the following:

    (1) An admission of all jurisdictional facts;

    (2) A waiver of the usual procedures for preparation and review of 

an initial decision;

    (3) A waiver of the right of judicial review or otherwise to 

challenge or contest the validity of the consent order;

    (4) A statement that the designation order may be used in construing 

the consent order;

    (5) A statement that the agreement shall become a part of the record 

of the proceeding only if the consent order is signed by the presiding 

officer and the time for review has passed without rejection of the 

order by the Commission;

    (6) A statement that the agreement is for purposes of settlement 

only and that its signing does not constitute an admission by any party 

of any violation of law, rules or policy (see 18 U.S.C. 6002); and

    (7) A draft order for signature of the presiding officer resolving 

by consent, and for the future, all issues specified in the designation 

order.

    (d) If agreement is reached, it shall be submitted to the presiding 

officer or Chief Administrative Law Judge, as the case may be, who shall 

either sign the order, reject the agreement, or suggest to the parties 

that negotiations continue on such portion of the agreement as he 

considers unsatisfactory or on matters not reached in the agreement. If 

he rejects the agreement, the hearing shall proceed. If he suggests 

further negotiations, the hearing will proceed or negotiations will 

continue, depending on the wishes of parties to the agreement. If he 

signs the consent order, he shall close the record.

    (e) Any party to the proceeding who has not joined in any agreement 

which is reached may appeal the consent order under Sec.  1.302, and the 

Commission may review the agreement on its own motion under the 

provisions of that section. If the Commission rejects the consent order, 

the proceeding will be remanded for further proceedings. If the 

Commission does not reject the consent order, it shall be entered in the 

record as a final order and is subject to judicial review on the 

initiative only of parties to the proceeding who did not join in the 

agreement. The Commission may revise the agreement and consent order. In 

that event, private parties to the agreement may either accept the 

revision or withdraw from the agreement. If the party whose possible 

violations are issues in the proceeding withdraws from the agreement, 

the consent order will not be issued or made a part of the record, and 

the proceeding will be remanded for further proceedings.

    (f) The provisions of this section shall not alter any existing 

procedure for informal settlement of any matter prior to designation for 

hearing (see, e.g., 47 U.S.C. 208) or for summary decision after 

designation for hearing.

    (g) Consent orders, pleadings relating thereto, and Commission 

orders with respect thereto shall be served on parties to the 

proceeding. Public notice will be given of orders issued by an 

administrative law judge, the Chief Administrative Law Judge, or the 

Commission. Negotiating papers constitute work product, are available to 

parties participating in negotiations, but are not routinely available 

for public inspection.



[41 FR 14871, Apr. 8, 1976]