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such action by serving upon the carrier an order to show cause. Said order shall contain a statement of the particulars and matters upon which the Commission is inquiring, and the reasons for such action, and shall call upon the carrier to be and appear before the Commission at a place and time therein stated, and then and there answer and give evidence upon the matters specified in said order. The Commission may, however, require in said order, that the carrier file with the Commission its verified answer to the order to show cause, on or before a day certain, prior to the hearing date therein fixed, in no event less than 30 days after service of the order; Provided, however, That the Commission may include in an order to show cause any further provisions which it may deem necessary and which are within its jurisdiction under the Act. Nothing in this section shall be construed to limit the authority of the Commission to institute or conduct any investigation or inquiry within its jurisdiction in any other manner or according to any other procedure which it may deem necessary or proper.* [Rule 105.27]

1.160 Answer to order to show cause under title II. Any carrier, upon whom an order to show cause has been served under § 1.159 shall respond to the same by filing its answer within the time specified in said order. Such answer shall be subscribed and verified by the carrier, and shall be drawn so as specifically to admit or deny the charges or allegations which may be made in said order, and so as to advise the Commission fully and completely upon the matters and things inquired of.*t [Rule 105.28]

1.161 Revocation proceedings under section 312 (a) of the Act. Whenever the Commission shall institute a revocation proceeding against the holder of any radio station construction permit or license under section 312 (a) (48 Stat. 1086; 47 U.S.C. 312 (a)), it shall initiate said proceeding by serving upon said licensee an order of revocation effective not less than 15 days after written notice thereof is given the licensee. The order of revocation shall contain a statement of the grounds and reasons for such proposed revocation and a notice of the licensee's right to be heard by filing with the Commission a written request for hearing within fifteen days after receipt of said order. Upon the filing of such written request for hearing by said licensee the order of revocation shall stand suspended and the Commission will set a time and place for hearing and shall give the licensee and other interested parties notice thereof. If no request for hearing on any order of revocation is made by the licensee against whom such an order is directed within the time hereinabove set forth, the order of revocation shall become final and effective without further action of the Commission.

When any order of revocation has become final, the person whose license has been revoked shall forthwith deliver the station license in question to the inspector in charge of the district in which the licensee resides.* [Rule 105.29]

1.162 Modification orders under section 312 (b) of the Act. Whenever the Commission shall determine that public interest, convenience, and necessity would be served, or any treaty ratified by the

**For statutory and source citations, see note to § 1.1.

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United States will be more fully complied with, by the modification of any radio station construction permit or license either for a limited time, or for the duration of the term thereof, it shall issue an order for such licensee to show cause why such construction permit or license should not be modified.

Such order to show cause shall contain a statement of the grounds and reasons for such proposed modification, and shall specify wherein the said construction permit or license is required to be modified. It shall require the licensee against whom it is directed, to be and appear at a place and time therein named, in no event to be less than thirty days from the date of receipt of the order to show cause why the proposed modification should not be made and the order of modification issued.

If the licensee against whom the order to show cause is directed does not appear at the time and place provided in said order, a final order of modification shall issue forthwith.*t [Rule 105.30]

1.163 Suspension of operator license. Proceedings for the suspension of an operator license shall in all cases be initiated by the entry of an order of suspension, a copy of which shall be served upon or mailed to the holder of the license involved, to become effective on a day certain, in no event less than forty days after date of serving or mailing such order. The order shall set forth the name of the operator, class and grade of license, the effective date of the order, the period of suspension and a statement of the reasons for suspension, and shall contain a notice to the holder of such license of his right to be heard and contest the order, by filing with the Commission within 35 days from the receipt of said order, a written request for hearing with a statement executed by him under oath, denying or explaining specifically and in detail the charges set forth in the order of suspension. Upon receipt of such request and statement, the effective date of the suspension of such license will be extended; and the Commission, upon consideration of the licensee's statement, as herein provided, will either revoke its order of suspension, or fix a time and place for hearing and notify the licensee thereof.

If no request for hearing on any order of suspension is made by the licensee against whom such order is directed within 35 days of receipt of such order of suspension, the same shall become final and effective.

Where any order of suspension has become final, the person whose license has been suspended shall forthwith send the operator's license in question to the office of the Commission in Washington, D. C.*t (Sec. 303 (m), 48 Stat. 1082; 47 U.S.C. 303 (m)) [Rule 105.31]

1.164 Amendments as matter of course. Amendments to any pleading may be made as a matter of course, if filed with the Commission, and served upon all parties of record not less than 30 days prior to the date set for hearing on such proceeding.* [Rule 105.32]

1.165 Amendments within 30 days; discretionary. Amendments to any pleading filed within 30 days of a hearing may be allowed in the discretion of the Commission, upon petition, and upon such terms as the Commission shall impose.*t [Rule 105.33]

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**For statutory and source citations, see note to § 1.1.

1.166 Subscription and verification of documents. (a) Each application or amendment thereto shall be personally subscribed and verified: (1) by the party filing said application or amendment, or by one of the parties, if there be more than one; (2) by an officer of the party filing the application or amendment if the party be a corporation; Provided, however, That subscription and verification may be made by the attorney for the party in case of physical disability of the party, or his absence from the continental United States.

(b) Each pleading initiating or supplementing a proceeding before the Commission shall be subscribed by the party or his attorney; Provided, however, That each pleading of fact verified by the affidavit of the attorney shall be made only when the facts are within the personal knowledge of the attorney, which said affidavit shall include a statement by affiant that said facts are within his personal knowledge.*+ [Rule 105.34, as amended Feb. 19, 1936]

1.167 Number of copies; service and proof of service. Applications under title II of the Act, formal complaints, supplemental complaints, cross complaints, and amended complaints, will be served by the Commission, and copies of each shall be furnished in sufficient number so as to provide the Commission with 15 copies for its use, and a copy for each party to the proceeding.

Service by the Commission upon common carriers shall be by leaving a copy of any document requiring service with the designated agent of such carrier at his office or usual place of residence in the District of Columbia, and if no such agent is designated, then service may be made by posting such notice, process, order, decision or pleading in the office of the Secretary of the Commission."

Service by the Commission upon all other parties shall be by mailing a copy of any document required to be served to the last known address of said party.

All pleadings or documents (other than applications under title II, formal complaints, supplemental complaints, cross complaints and amended complaints) filed in any proceeding shall be served by the party filing the same, proof of which service shall be by signature of the party served or by affidavit showing service by registered mail (postage prepaid) of a true copy thereof, to the last known address of said party, and such proof shall be submitted to the Commission, together with the original and 8 copies of such pleading or document.*+ [Rule 105.35, as amended Feb. 19, 1936]

1.168 Size and legibility of documents. All papers filed in any proceeding (except briefs and exhibits), shall, unless otherwise specifically provided, be on paper 81/2 inches by 13 inches, with left-hand margin not less than 1/2 inches wide. The impression shall be on one side of the paper only and shall be double-spaced, except that long quotations should be single-spaced and indented. Such papers shall be mimeographed, planographed, or typewritten. All copies must be clearly legible.*+ [Rule 105.36, as amended Feb. 19, 1936]

1.169 Size of printed papers. If printed they shall be in 10 or 12 point type, on good unglazed paper, 5% inches wide by 9 inches

**For statutory and source citations, see note to § 1.1.

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long, with inside margin not less than 1 inch wide, and with doubleleaded text and single-leaded citations.*t [Rule 105.37]

1.170 Briefs. All briefs shall be printed, except that briefs of not more than 40 pages, including cover pages, indexes, and appendices, may be typewritten, mimeographed or multigraphed.*+ [Rule 105.38]

HEARINGS

1.181 Formal or informal. Hearings before the Commission may be informal or formal.*t [Rule 106.1]

1.182 Informal hearings. The Commission may upon petition by any person or upon its own motion hold such informal hearings as it may deem necessary from time to time in connection with the investigation of any matter which it has power to investigate under the law, or for the purpose of obtaining information necessary or helpful in the determination of its policies, the carrying out of its duties, or the formulation or amendment of its rules and regulations. For such purposes it may summon witnesses and require the production of testimony as in formal hearings but the procedure to be followed shall be informal and such as in the opinion of the Commission will best serve the purposes of such hearing.*t [Rule 106.2]

1.183 Formal hearings. The Commission may in its discretion, or will, if required by the Act, hold a formal hearing upon any matter within its jurisdiction. Reasonable notice thereof shall be given to interested parties, which in no event shall be less than 30 days after service of notice.*t [Rule 106.3]

1.184 Related matters; hearing date; exception. In fixing dates for hearings the Commission will, so far as practicable, endeavor to fix the same date for hearings on all related matters which involve the same applicant, or arise out of the same complaint or cause; and for hearings on all applications which by reason of the privileges, terms, or conditions requested present conflicting claims of the same nature, excepting, however, applications filed after any such application has been designated for hearing.*+ [Rule 106.4]

1.185 Continuances of hearing; extension of time for filing. For good cause shown, continuances in respect to any proceeding or hearing pending before the Commission or extension of time for filing documents or other instruments, except where the time for filing the same is limited by statute, may be granted, or denied by the Commission in its discretion for reasons such as are usually considered sufficient for analogous continuances and extensions in the courts of the United States: Provided, however, That requests for continuances or extension of time shall be made in writing in the form of a verified petition which shall set forth the reasons therefor and the additional time required. Such petition shall indicate therein diligence on the part of the petitioner, and shall be made at a time and in such manner as to avoid unnecessary hardship or expense to the parties to the proceeding, and shall in all other respects, comply with the rules and regulations in this part.*t [Rule 106.5]]

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**For statutory and source citations, see note to § 1.1.

1.186 Temporary postponement. The Commission, a commissioner, or an examiner, when designated to preside at a hearing, may, upon its or his own motion or the motion of any party and for good cause shown, after opening any hearing pursuant to notice, temporarily postpone the hour or date or change the place thereof, when in its or his judgment the ends of justice will be better served.*t [Rule 106.6, as amended by Order 24, FCC, Nov. 15, 1937, 2 F.R. 2527]

1.187 Order of procedure. At hearings on complaints, petitions, applications or for other instruments of authorization which the Commission is empowered to make, the complainant, petitioner, or applicant as the case may be, shall open and close. At hearings on investigation and suspension proceedings under title II of the Act, the respondent whose tariffs are under suspension shall open and close. At hearings on all other investigations, revocations, modifications, suspension of operator licenses under title III of the Act, or other proceedings instituted by the Commission, the Commission shall open and close. At hearings on protests, the protestant shall open and close. In hearings upon a consolidated record, the Commission or presiding officer shall designate the order of a presentation. Interveners shall follow the party in whose behalf intervention is made, and in all cases where the intervention is not in support of either original party, the Commission or presiding officer shall designate at what stage such interveners shall be heard.*+ [Rule 106.7, as amended by Order 24, FCC, Nov. 15, 1937, 2 F.R. 2527]

1.188 Rules of evidence. Except as otherwise provided herein, the rules of evidence governing civil proceedings in the courts of the United States shall govern formal hearings before the Commission; Provided, however, That the Commission reserves the right to relax such rules in any case where in its judgment the ends of justice will be better served by so doing."t [Rule 106.8]

1.189 Official reports, orders; how admissible. Copies of official reports, orders or decisions of any governmental department or agency, insofar as material and relevant, shall be admissible in evidence without further authentication than a certificate from the proper custodian of any such record, order or decision, to the effect that the same is what it purports to be, and that the copy in question is a true copy thereof.*+ [Rule 106.9]

1.190 Matter offered containing immaterial matter. Where material and relevant matter offered in evidence is embraced in a document containing other matter not material or relevant, and not intended to be put in evidence, such document will not be received, but the party offering the same shall present to opposing counsel, and to the Commission, the original document, together with true copies of such material and relevant matter taken therefrom, as it is desired to introduce. Upon presentation of such matter in proper form, it may be received in evidence, and become a part of the record; Provided, however, That opposing counsel shall be afforded an opportunity to introduce in evidence, in like manner, other portions of such document if found to be material and relevant. [Rule 106.10]

**For statutory and source citations, see note to § 1.1.

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