Subpart A-General Rules of Practice and Procedure

SOURCE: The provisions of this Subpart A appear at 28 F.R. 12415, Nov. 22, 1963, except as otherwise noted.

GENERAL

§ 1.1 Proceedings before the Commis sion.

The Commission may on its own motion or petition of any interested party hold such proceedings 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 subpena witnesses and require the production of evidence. Procedures to be followed by the Commission shall, unless specifically prescribed in this part, be such as in the opinion of the Commission will best serve the purposes of such proceeding. (Sec. 403, 48 Stat. 1094; 47 U.S.C. 403) § 1.2

Declaratory rulings.

The provisions of this chapter may b suspended, revoked, amended, or waive for good cause shown, in whole or in par at any time by the Commission, subje to the provisions of the Administrati Procedure Act and the provisions of th chapter. Any provision of the rules m be waived by the Commission on its o motion or on petition if good cause ther for is shown.

CROSS REFERENCE: See Subpart C of t part for practice and procedure involv rule making.

§ 1.4 Computation of time.

(a) It is frequently necessary un Commission procedures to compute terminal date of a period of time wh the period begins with the occurrence an act, event, or default and termina

a specified number of days thereafter. Unless otherwise provided by statute, the first day to be counted in computing the terminal date is the day after the day on which the act, event, or default occurs. The last day of such period of time is included in the computation and any action required must be taken on or before that day.

(b) When a Commission Decision, Order, or Memorandum is involved, the first day to be counted is the day after the day on which the complete text of the document is released by the Commission. When any other Commission action is involved, the first day to be counted is the day after the day on which the "Public Notice" of the action is released by the Commission.

(c) All petitions, pleadings, tariffs, or other documents filed with the Commission must be tendered for filing in complete form before 5:00 p.m. Any such document lodged with the Commission in complete form after 5:00 p.m. shall be deemed to be tendered for filing as of the next succeeding business day.

(d) For purposes of this section, the term "holiday" shall include Saturdays, Sundays, legal holidays or half holidays in the District of Columbia, and any cther day on which the Commission's aces are closed prior to 5:00 p.m. The term "business day" shall include all other days.

(e) For purposes of this section, the "filing period" means the number of days allowed or prescribed by statute, rale, order, notice, or other Commission action for filing any document with the Commission; the term does not include any additional days allowed for filing any document under paragraph (f), (g),

of this section. The term "filing tate" means the date upon which the sement must be filed after all comPtations authorized by this section have > made.

If the filing period is less than ven days, intermediate holidays shall excluded in determining the filing

which are filed pursuant to the provisions of § 1.89 or § 1.120(d).

(h) If both paragraphs (f) and (g) of this section are applicable, make the computations called for by paragraph (f) before making those called for by paragraph (g).

(i) If the filing date falls on a holiday, the document shall be filed on the next business day.

§ 1.5 Mailing address furnished by licensee.

(a) Each licensee shall furnish the Commission with an address to be used by the Commission in serving documents or directing correspondence to that licensee. Unless any licensee advises the Commission to the contrary, the address contained in the licensee's most recent application will be used by the Commission for this purpose.

(b) The licensee is responsible for making any arrangements which may be necessary in his particular circumstances to assure that Commission documents or correspondence delivered to this address will promptly reach him or some person authorized by him to act in his behalf.

§ 1.6

Availability of station logs and records for Commission inspection. (a) Station records and logs shall be made available for inspection or duplication at the request of the Commission or its representative. Such logs or records may be removed from the licensee's possession by a Commission representative or, upon request, shall be mailed by the licensee to the Commission by either registered mail, return receipt requested, or certified mail, return receipt requested. The return receipt shall be retained by the licensee as part of the station records until such records or logs are returned to the licensee. A receipt shall be furnished when the logs or records are removed from the licensee's possession by a Commission representative and this receipt shall be retained by the licensee as part of the station records until such records or logs are returned to the licensee. When the Commission has no further need for such records or logs, they shall be returned to the licensee. The provisions of this rule shall apply solely to those station logs and records which are required to be maintained by the provisions of this chapter.

(b) Where records or logs are maintained as the official records of a recognized law enforcement agency and the removal of the records from the possession of the law enforcement agency will hinder its law enforcement activities, such records will not be removed pursuant to this section if the chief of the law enforcement agency promptly certifies in writing to the Federal Communications Commission that removal of the logs or records will hinder law enforcement activities of the agency, stating insofar as feasible the basis for his decision and the date when it can reasonably be expected that such records will be released to the Federal Communications Commission.

§ 1.8 Withdrawal of papers.

The granting of a request to dismiss or withdraw an application or a pleading does not authorize the removal of such application or pleading from the Commission's records.

§ 1.10

Transcript of testimony; copies of documents submitted.

In any matter pending before the Commission, any person submitting data or evidence, whether acting under compulsion or voluntarily, shall have the right to retain a copy thereof, or to procure a copy of any document submitted by him, or of any transcript made of his testimony, upon payment of the charges therefor to the person furnishing the same, which person may be designated by the Commission. The Commission itself shall not be responsible for furnishing the copies.

[29 F.R. 14406, Oct. 20, 1964]

§ 1.12 Notice to attorneys of Commission documents.

In any matter pending before the Commission in which an attorney has appeared for, submitted a document on behalf of or been otherwise designated by a person, any notice or other written communication pertaining to that matter issued by the Commission and which is required or permitted to be furnished to the person will be communicated to the attorney, or to one of such attorneys if more than one is designated. If direct communication with the party is appropriate, a copy of such communication will be mailed to the attorney.

[29 F.R. 14406, Oct. 20, 1964]

(a) Any party may appear before the Commission and be heard in person or by attorney.

(b) The appropriate Bureau Chief(s) of the Commission shall be deemed to be a party to every adjudicatory proceeding (as defined in the Administrative Procedure Act) without the necessity of being so named in the urder designating the proceeding for hearing.

(c) When, in any proceeding, a pleading is filed on behalf of either the General Counsel or the Chief Engineer, he shall thereafter be deemed a party to the proceeding.

§ 1.22 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.

§ 1.23 Persons who may be admitted to practice.

(a) Any person who is a member in good standing of the bar of the Supreme Court of the United State or of the highest court of any state, ter ritory, or of the District of Columbia and is not under any order of any cour suspending, enjoining, restraining, dis barring, or otherwise restricting him i the practice of law, may represent other before the Commission.

(b) When such member of the ba acting in a representative capacity ap pears in person or signs a paper in prac tice before the Commission, his person appearance or signature shall constitu a representation to the Commission tha under the provisions of this chapter ar the law, he is authorized and qualifi to represent the particular party whose behalf he acts. Further proof authority to act in a representative c pacity may be required.

§ 1.24 Censure, suspension, or disb ment of attorneys.

(a) The Commission may censu suspend, or disbar any person W has practiced, is practicing or hol ing himself out as entitled to pra tice before it if it finds that person: (1) Does not possess the qualificati required by § 1.23;

SU

1 Centerhead amended, 29 F.R. 12775, S 10, 1964.

(2) Has failed to conform to standards of ethical conduct required of practitioners at the bar of any court of which he is a member;

(3) Is lacking in character or professional integrity; and/or

(4) Displays toward the Commission or any of its hearing officers conduct which, if displayed toward any court of the United States or any of its Territories or the District of Columbia, would be cause for censure, suspension, or disbarment.

(b) Before any member of the bar of the Commission shall be censured, suspended, or disbarred, charges shall be preferred by the Commission against such practitioner and he shall be afforded an opportunity to be heard thereon.

$1.25 Former Commissioners and em. ployees.

(a) No Commissioner shall, for a period of one year following the termination of his services as a Commissioner, represent any person before the Commission in a professional capacity, except that this restriction shall not apply to any former Commissioner who has served the full term for which he was appointed. See 47 U.S.C. 154(b).

(b) No member, officer, or employee of the Commission (1) whose active service with the Commission has terminated but who is receiving pay while on annual leave not taken prior to separation from Each active service, or (2) who is in any other leave status, shall appear as attorney or participate in the preparation rhandling of any matter before, or to be submitted to, the Commission.

(e) No former member, officer, or employee of the Commission shall act as went or attorney for any one other than the United States in connection with any particular Commission matter involving specific party or parties in which the United States is a party or has a direct and substantial interest and in which he Participated personally and substantially && member, officer, or employee of the Commission, through decision, approval, Capproval, recommendation, the rendering of service, investigation, or otherSee 18 U.S.C. 207(a).

No former member, officer, or emFire of the Commission shall, within he year after his employment has mard, appear personally before the Cmission as agent or attorney for any

one other than the United States in connection with any particular Commission matter involving a specific party or parties in which the United States is a party or has a direct and substantial interest and which was under his official responsibility as an officer or employee of the Commission at any time within a period of one year prior to termination of his employment. See 18 U.S.C. 207(b).

(e) Notwithstanding the provisions of paragraphs (c) and (d) of this section, a former member, officer, or employee of the Commission who possesses outstanding scientific or technological qualifications may act as attorney or agent or appear personally in connection with a particular matter in his scientific or technological field, upon certification by the Commission, published in the FEDERAL REGISTER, that the national interest would be served by such action or appearance. See 18 U.S.C. 207(b). This exception does not apply to persons barred from representing others before the Commission under paragraphs (a) or (b) of this section.

[28 F.R. 13785, Dec. 18, 1963] § 1.26 Appearances.

Rules relating to appearances are set forth in §§ 1.87, 1.91, 1.221, and 1.703. § 1.27 Witnesses; right to counsel.

Any individual compelled to appear in person in any Commission proceeding may be accompanied, represented, and advised by counsel as provided in this section. (Regulations as to persons seeking voluntarily to appear and give evidence are set forth in § 1.225.)

(a) Counsel may advise his client in confidence, either upon his own initiative or that of the witness, before, during, and after the conclusion of the proceeding.

(b) Counsel for the witness will be permitted to make objections on the record, and to state briefly the basis for such objections, in connection with any examination of his client.

(c) At the conclusion of the examination of his client, counsel may ask clarifying questions if in the judgment of the presiding officer such questioning is necessary or desirable in order to avoid ambiguity or incompleteness in the responses previously given.

(d) Except as provided by paragraph (c) of this section, counsel for the witness may not examine or cross-examine

any witness, or offer documentary evidence, unless authorized by the Commission to do so.

(Bec. 8/a), 80 Stat. 240, 53.C. 1006 a.) [29 FR.. 12773, Sept. 10, 1964;

PLEADINGS, BRIEFS, AND OTHER PAPERS

§ 1.41 Informal requests for Commis

sion action.

Except where formal procedures are required under the provisions of this chapter, requests for action may be suomitted informally. Requests should set forth clearly and concisely the facts relied upon, the relief sought, the statutory and/or regulatory provisions (if any) pursuant to which the request is filed and under which relief is sought, and the interest of the person submitting the request.

§ 1.42 Applications, reports, complaints; cross-reference.

(a) Rules governing applications and reports are contained in Subparts D, E, and F of this part.

(b) Special rules governing complaints against common carriers arising under the Communications Act are set forth in Subpart E of this part.

§ 1.43 Requests for stay; cross

reference.

General rules relating to requests for stay of any order or decision are set forth in §§ 1.41, 1.44 (e), 1.45 (d) and (e), and 1.298(a). See also §§ 1.102, 1.106(n), and 1.115 (h).

§ 1.44 Separate pleadings for different

requests.

(a) Requests requiring action by the Commission shall not be combined in a pleading with requests for action by a hearing examiner or by any person or persons acting pursuant to delegated authority.

(b) Requests requiring action by a hearing examiner shall not be combined in a pleading with requests for action by the Commission or by any person or persons acting pursuant to delegated authority.

(c) Requests requiring action by any person or persons pursuant to delegated authority shall not be combined in a pleading with requests for action by any other person or persons acting pursuant to delegated authority.

(d) Pleadings which combine requests in a manner prohibited by paragraph (a), (b), or (c) of this section may be

resumed without consideration to the person who fled the pleading.

e Any request to stay the effectiveness of any decision or order of the Commission shall be filed as a separate pleading. Any such request which is not filed as a separate pleading will not be considered by the Commission.

Now: Matters which are acted on pursuant to delegated authority are set forth to Subpart B of Part 0 of this chapter. Matters acted on by the hearing examiner are set forth in § 0.341.

$1.45 Pleadings: filing periods.

Except as otherwise provided in this chapter, pleadings in Commission proceedings shall be filed in accordance with the provisions of this section.

(a) Oppositions. Oppositions to any motion, petition, or request may be filed within 10 days after the original pleading is filed.

(b) Replies. The person who filed the original pleading may reply to oppositions within 5 days after the time for filing oppositions has expired. The reply shall be limited to matters raised in the oppositions, and the response to all such matters shall be set forth in a single pleading; separate replies to individua oppositions shall not be filed.

(c) Additional pleadings. Additiona pleadings may be filed only if specifically requested or authorized by the Commis sion.

(d) Requests for temporary relief shorter filing periods. Oppositions to request for stay of any order or decisio or to a request for other temporar relief shall be filed within 5 days afte the request is filed. Replies shall be file within 3 days after the time for filin oppositions has expired.

(e) Ex parte disposition of certa pleadings. As a matter of discretion, tl Commission may rule ex parte upon r quests for continuances and extensio of time, requests for permission to f pleadings in excess of the length pr scribed in this chapter, and requests f temporay relief, without waiting for t filing of oppositions or replies.

NOTE: Where specific provisions confi with the provisions of this section, the s] cific provisions are controlling. See, particular, §§ 1.294 (c) and 1.298(a).

§ 1.46 Motions for extension of time.

Extensions of time for filing any pleɛ ing, brief, or other paper may be gran upon motion for good cause shown, i