[Code of Federal Regulations]
[Title 47, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR1.65]

[Page 120]
 
                       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 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]