« AnteriorContinuar »
1.187 Order of procedure. 1.151 Intervention and other relief ; ver- 1.188 Rules of evidence. ification and contents.
1.189 Official reports, orders; how ad
missible. 1.152 Intervention; when allowed. 1.153 Protests.
1.190 Matter offered containing imma
terial matter. 1.154 Answers to complaints and peti- 1.191 Exhibits; offered in duplicate. tions.
1.192 Unsworn documents; oral declara1.155 Answer to notice of violation un
tions. der title III.
1.193 Cumulative evidence. 1.156 Answers to petitions or amended
1.194 Tariffs as evidence. complaints. 1.157 Appearance of applicant as plead- 1.196 Additional evidence during hear
1.195 Records of other proceedings. ing under 1.103.
ing. 1.158 Answer to appearance. 1.159 Orders instituting action under 1.197 Additional evidence after hearing.
1.198 Subpenas; who may issue. title II.
1.199 Request for subpena, in writing; 1.160 Answer to order to show cause
verification. under title II.
1.200 Witness fees. 1.161 Revocation proceedings under
1.201 Return of subpena; manner of section 312 (a) of the Act.
service. 1.162 Modification orders under section 1.202 Depositions; request for taking. 312 (b) of the Act.
1.203 Depositions; order for taking. 1.163 Suspension of operator license. 1.164 Amendments as matter of course. 1.205 Depositions ; offered in evidence.
1.204 Depositions ; procedure for taking. 1.165 Amendments within 30 days; dis- 1.206 Depositions ; number of copies; cretionary.
time for filing. 1.166 Subscription and verification of
1.207 Report of hearing. documents. 1.167 Number of copies; service and 1.209 Oral argument; briefs; when al
1.208 Exceptions to report of hearing. proof of service.
lowed. 1.168 Size and legibility of documents. 1.210 Briefs; time for filing. 1.169 Size of printed papers.
1.211 Rehearing. 1.170 Briefs.
Communications relating to merits Hearings
of any application 1.181 Formal or informal. 1.182 Informal hearings.
1.212 Secretary to make record. 1.183 Formal hearings.
1.213 Communicant not precluded from 1.184 Related matters; hearing date; 1.214 Consideration given by Commis
participation in hearing. exception.
sion. 1.185 Continuances of hearing; extension of time for filing.
Amendments to rules of practice 1.186 Temporary postponement.
ADMINISTRATION, MEETINGS Section 1.1 Office; place and hours. The principal office of the Commission shall be located at Washington, D. C., and all communications to the Commission shall be addressed to Washington, D. C., unless otherwise specifically directed. The hours of the Commission, until changed by law or Executive order, are from 8:30 a. m, to 4 p. m., Monday to Friday, inclusive, and on Saturday from 8:30 a. m. to 12:30 p. m., except on legal holidays.*+ (Sec. 4 (e), 48 Stat. 1067; 47 U.S.C. 154 (e)) [Rule 100.1]
*88 1.1 to 1.231, inclusive, (with the exceptions noted in the text,) issued under the authority contained in sec. 4 (i), 48 Stat. 1068; 47 U.S.C. 154 (i). Additional statutory provisions noted in parentheses at the end of particular sections are applicable to such sections.
*The source of 88 1.1 to 1.231, inclusive, (except for amendments and other sources noted in the text,) is Rules and regulations, Part I, Practice and procedure, Federal Communications Commission, Dec. 18, 1935.
Page 3 Page 4
ABBREVIATIONS: The following abbreviations are used in this chapter: BD
Broadcast Division. Coastal Teleg.
Coastal Telegraph. E. M. F.
Electro Motive Force. Exp. Vis. B/C
Experimental Visual Broadcast. FCC
Federal Communications Commission,
Federal Radio Commission.
Greenwich Mean Time.
Interstate Commerce Commission. Int. Broadcast
International Broadcast. P. A. X.
Private Automatic Exchange. P. B. X.
Private Branch Exchange. R. F.
Radio Frequency. temp.
Temporary. 1.2 Meetings. All meetings of the Commission, unless otherwise determined by a majority of the members thereof, shall be held at the principal office of the Commission.*+ (Sec. 4 (e), 48 Stat. 1067; 47 Ū.S.C. 154 (e)) [Rule 100.3]
1.3 Official record. The minutes of a meeting of the Commission shall be the official record of any action taken therein, and shall be kept by, and in the office of, the Secretary.** [Rule 100.4]
1.4 Authentication. All orders, permits, licenses, or other instruments of authorization made, issued, or granted by the Commission shall, unless otherwise specifically provided by order of the Commission, be signed by the Secretary in the name of the Commission and authenticated by the seal of the Commission.** [Rule 100.5]
1.5 Inspection of records. Subject to the provisions of sections 4(j), 412 and 606 of the Act, the files of the Commission shall be open to inspection as follows:
(a) Tariff schedules required to be filed under section 203 of the Act, and annual and monthly reports required to be filed under section 219 of the Act.
(b) All applications and amendments thereto filed under title II or title III of the Act; all documents filed with applications made when specific mention is made in the application referring to such document; authorizations issued upon such applications; all pleadings, depositions, transcripts of testimony, exhibits, examiners' reports, exceptions, and orders of the Commission.
(c) Other files in the discretion of the Commission upon written request describing in detail the documents to be inspected and the reasons therefor.*+ (Sec. 412, 48 Stat. 1099; 47 U.S.C. 412) [Rule 100.6, as amended Feb. 19, 1936]
1.6 Certified copies. Copies of any documents subject to inspection under the provisions of $ 1.5 will be prepared and certified by the Secretary, under seal, on written request, specifying the exact documents, the number of copies desired, and the date on which the same will be required : Provided, however, That such request must be made so as to permit a reasonable time for the preparation of such copies: And provided further, That any cost incurred in the preparation of such copies shall be prepared by the person making application therefor.*+ *(Sec. 412, 48 Stat. 1099; 47 Ú.S.C. 412) (Rule 100.7]
**For statutory and source citations, see note to $ 1.1. *Formerly constituting Fifth Zone.
1.7 Official reporter; transcript. The Commission will designate from time to time an official reporter for the taking down and transcribing of its proceedings. No transcript of the testimony taken, or argument had, at any hearing will be furnished by the Commission. Such transcript, if desired, must be obtained from the official reporter upon payment of the charges therefor.* + [Rule 100.8]
1.8 Definition of “person". Wherever in the rules in this part the term “person” is used, it shall include an individual, partnership, association, joint-stock company, trust, or corporation.** (Sec. 3 (i), 48 Stat. 1065; 47 U.S.C. 153 (i)) [Rule 100.9]
1.9 Authority for representation. Any person, in a representative capacity, transacting business with the Commission, may be required to show his authority to act in such capacity.*+ [Rule 100.10)
1.10 Computation of time. Wherever days are mentioned in the rules in this part as limitations of time they shall be construed to include Sundays and legal holidays in the District of Columbia. When the time fixed for taking any procedural step elapses on Sunday or a legal holiday, such time shall extend to and include the next succeeding day that is not a Sunday or a legal holiday. In the computation of time, the first day shall be excluded and the last day included.** [Rule 100.11]
1.11 Additional time to parties in certain cases. Where, under the rules in this part, unless otherwise expressly provided, any limitation is made as to the time within which any document is required to be filed, or any other procedural step is required to be taken in connection with any hearing, parties who are residents of the following States: 1 Montana, Idaho, Wyoming, Colorado, New Mexico, Arizona, Utah, Nevada, Washington, Oregon, and California shall have an additional period of 5 days and parties who reside beyond the confines of the continental United States shall have an additional period of 20 days within which to file such document or take such other procedural step.*+ (Sec. 1, 49 Stat. 1475; 47 U.S.C. 302) [Rule 100.12]
PERSONAL APPEARANCES; PRACTITIONERS 1.21 Appearances. Any party to a proceeding may appear and be heard in person or by attorney. A partnership may appear and be represented by any member thereof.*7 (Sec. 4 (j), 48 Stat. 1068; 47 U.S.C. 154 (j)) [Rule 101.1]
1.22 Persons who may be admitted to practice. Attorneys at law admitted to practice before any court of the United States, the District of Columbia, or the highest court of any State or Territory, upon application may be admitted to practice before the Commission. An attorney at law from any place other than the District of Columbia may, in the discretion of the official presiding at any hearing, be admitted for a particular case to participate in the hearing or argument of any cause in which he may be employed.*1 [Rule 101.2, as amended Feb. 10, 1936]
**For statutory and source citations, see note to s 1.1.
1.23 Applications for admission. Applications for admission to practice shall be on a form prescribed and provided by the Commission.2** [Rule 101.3]
1.24 Oath. No person shall be admitted to practice before the Commission until he shall have subscribed to an oath or affirmation that he will demean himself as a practitioner before the Commission, uprightly and according to law; and that he will support the Constitution and laws of the United States and will conform to the rules and regulations of the Commission.** [Rule 101.4]
1.25 Suspension, disbarment, revocation. The Commission may, in its discretion, suspend, disbar, or revoke the right of any person who has been admitted to practice before the Commission, if it finds that such person has violated his oath taken upon admission; or has, in obtaining admission, concealed any material facts with reference to his legal qualifications, professional standing, character, or integrity; Provided, however, That before any member of the bar of this Commission shall be suspended, disbarred, or his right to practice before the Commission revoked, charges shall be preferred by the Commission against such practitioner and he shall be afforded an opportunity to be heard thereon.** [Rule 101.5]
1.26 Register of practitioners. Commencing February 1, 1936, a register will be maintained by the Commission in which will be entered the names of all persons entitled to practice before the Commission. Only individuals will be admitted or recognized.** [Rule 101.6] 1.27 Former Commission counsel barred for 2 years. No
person serving as an attorney at law in the Federal Communications Commission on or after July 1, 1935, shall be permitted to practice, appear, or act as an attorney in any case, claim, contest, or other proceeding before the Commission or before any Division or agency thereof until 2 years shall have elapsed after the separation of the said person from the said service. The provisions of this section shall not apply to any person practicing, appearing or acting as an attorney in behalf of any municipality, or State or the Federal Government in any case, claim, contest, or other proceeding before the Commission or before any division or agency thereof. The term "attorney at law” includes attorney-examiner. Nothing herein shall be construed to prevent any former officer or employee of the Federal Communications Commission from appearing as a witness in any hearing, investigation, or other proceeding before it.* † [Rule 101.7]
1.41 Parties to proceedings. Parties to proceedings will be designated applicants, complainants, defendants, petitioners, interveners, protestants, and respondents. The term “party" shall include any
• See Appendix 1 to this part, which is not codified but which can be obtained from the Commission upon request.
* For statutory and source citations, see note to $ 1.1.
person, body politic, municipal organization or State commission.*+ [Rule 102.1]
1.42 Applicant. The term “applicant” means a party applying for a certificate of public convenience and necessity, a certificate of advantage and public interest, a permit, license, or such other instrument or authorization as the Commission is empowered to grant, and for which an application is required.*i [Rule 102.2]
1.43 Complainant. The term "complainant” means a party who complains to the Commission of anything done or omitted to be done by any common carrier subject to the Act in violation of the provisions thereof.*i [Rule 102.3]
1.44 Defendant. The term "defendant” means a common carrier subject to the Act against whom a complaint has been filed of anything done or omitted to be done or in violation of the provisions of the Act.*+ [Rule 102.4)
1.45 Petitioner. The term “petitioner" means a party, seeking relief within the jurisdiction of the Commission.** [Rule 102.5]
1.46 Intervener. The term “intervener" means a party, who upon petition has been permitted to become a party to any proceeding before the Commission.*1 [Rule 102.6]
1.47 Protestant. The term “protestant” means: (a) a party opposing the schedules under suspension in investigation and suspension proceedings; or (b) a party who files a protest to a tentative valuation in valuation proceedings; or (c) a party who is aggrieved or whose interests are adversely affected by any decision of the Commission granting without a hearing any application for an instrument of authorization under section 309 (a) of the Act (48 Stat. 1085; 47 U.S.C. 309).** [Rule 102.7]
1.48 Respondent. The term "respondent” means: (a) a party against whom a petition has been filed or against whom the Commission has, on its own motion, instituted an inquiry, investigation or other proceedings; or (b) any licensee or pending applicant for any instrument of authorization who would be aggrieved, or whose interests would be adversely affected by the granting of any application designated for hearing, or a licensee against whom the Commission has instituted revocation proceedings.** [Rule 102.8]
1.49 Receiver. The receiver or trustee of any common carrier subject to the Act shall be made a party to any proceeding in which such carrier is a party.*[Rule 102.9]
1.50 Substitution of parties. In the event of death or mistaken identity of a party to a proceeding, except proceedings under title III of the Act, the Commission may order the substitution of the proper parties upon petition and for good cause shown.** [Rule 102.10]
APPLICATIONS UNDER TITLE II OF THE ACT
1.61 Forms prescribed by the Commission. Each application for an instrument of authorization shall be made in writing, under oath of the applicant, and on forms furnished by or in the manner pre
**For statutory and source citations, see note to 8 1.1.