less the time for filing is limited by statute.

$1.47 Service of documents and proof of service.

(a) Where the Commission or any person is required by statute or by the provisions of this chapter to serve any document upon any person, service shall (in the absence of specific provisions in this chapter to the contrary) be made in accordance with the provisions of this section.

(b) Where any person is required to serve any document filed with the Commission, service shall be made by that person or by his representative on or before the day on which the document is filed: Provided, however, That formal complaints, including supplemental, cross, and amended complaints, filed under section 208 of the Communications Act will be served by the Commission.

(e) Commission counsel who formally participate in any proceeding shall be served in the same manner as other persons who participate in that proceeding. The filing of a document with the Comssion does not constitute service upon Commission counsel.

(d) Documents may be served upon a party, his attorney, or other duly consututed agent by delivering a copy or mailing a copy to the last known address. When a party is represented by attorney of record in a formal proCreding, service shall be made upon such Attorney.

e Delivery of a copy pursuant to this section means handing it to the Party, his attorney, or other duly contuted agent; or leaving it with the terk or other person in charge of the

ce of the person being served; or, if ere is no one in charge of such office, ang it in a conspicuous place therein;

If such office is closed or the person to *ved has no office, leaving it at his wing house or usual place of abode some person of suitable age and tion then residing therein.

Service by mail is complete upon g. If the person upon whom servby mail is being made resides 500 2.3 or more from the person effecting ise such mailing must be by airmail.

Proof of service, as provided in section, shall be filed before action aten. The proof of service shall show Zeme and manner of service, and ay be by written acknowledgment of

service, by certificate of the person effecting the service, or by other proof satisfactory to the Commission. Failure to make proof of service will not affect the validity of the service. The Commission may allow the proof to be amended or supplied at any time, unless to do so would result in material prejudice to a party.

§ 1.48 Length of pleadings.

(a) Affidavits, statements, and other materials which are submitted with and factually support a pleading are not counted in determining the length of the pleading. Other materials submitted with the pleading will be disregarded.

(b) Timely requests by a party for permission to file pleadings in excess of the length prescribed by the provisions of this chapter may be granted upon good cause shown. Where the filing period is 10 days or less, the request shall be made within 2 business days after the period begins to run. Where the filing period is more than 10 days, the request shall be filed at least 10 days before the filing date. (See § 1.4.) If a timely request is made, the pleading need not be filed earlier than two business days after the Commission acts upon the request.

All pleadings and documents (except printed briefs) filed in any proceeding shall, unless otherwise specifically provided, be on paper either 8 by 10% or 14 inches or 81⁄2 by 11, 13 or 14 inches, with left-hand margin not less than 12 inches wide. This requirement shall not apply to original documents, or admissible copies thereof, offered as exhibits or to specially prepared exhibits. The impression shall be on one side of the paper only and shall be double-spaced, except that long quotations shall be single spaced and indented. All papers, except charts and maps, shall be typewritten or prepared by mechanical processing methods, other than letterpress or printing. The foregoing shall not apply to official publications. All copies must be clearly legible.

§ 1.50 Specifications as to briefs.

Briefs may be printed, typewritten, mimeographed, multigraphed, or multilithed. Printed briefs shall be in 10- or 12-point type, on good unglazed paper,

5% inches wide by 9 inches long, with inside margin not less than 11⁄2 inches wide, and with double spaced text and single spaced quotations. Typewren mimeographed, multigraphed, or multe lithed briefs shall conform to the spentcations for pleadings and documents set forth in § 1.49.

§ 1.51 Number of copies of pleadings. briefs, and other documents.

(a) Except in rule making proceedings (1419), or with regard to interlocutory matters acted on by the Review Board, the Chief Hearing Examiner, or the Presiding Officer 1.292), or 8.5 otherwise specifically provided in this chapter, an original and 19 copies of all pleadings, briefs, and other documents required or permitted to be filed shall be furnished the Commission

(b) When service of any document is made by the Commission, an additional copy of that document shall be filed for each party to the proceeding. § 1.52

Subscription and verification.

The original of all petitions, motions, pleadings, briefs, and other documents filed by any party represented by counsel, shall be signed by at least one attorney of record in his individual name, whose address shall be stated. Copies should be conformed. A party who is not represented by an attorney shall sign and verify the document and state his address. Except when otherwise specifically provided by rule or statute, documents signed by the attorney for a party need not be verified or accompanied by affidavit. The signature of an attorney constitutes a certificate by him that he has read the document; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. If the original of a document is not signed or is signed with intent to defeat the purpose of this section, it may be stricken as sham and false, and the matter may proceed as though the document had not been filed. An attorney may be subjected to appropriate disciplinary action, pursuant to § 1.24, for a willful violation of this rule or if scandalous or indecent matter is inserted.

GENERAL APPLICATION PROCEDURES

§ 1.61 Procedures for handling applications requiring special aeronautical study.

(a) All antenna surveys are conducted by the Antenna Survey Branch of the

Engineering and Facilities Division, Pheid Engineering Bureau.

Each operating bureau or office examines the applications for which it is responsible to ascertain whether or not antenna consideration is required. If such consideration is required, the antenna data is furnished to the Antenna Survey Branch.

(c) The Antenna Survey Branch then ascertains whether applicant is required to submit a "Notice of Proposed Constraction or Alteration" (form FAA-117) to the Federal Aviation Agency.

d) If form FAA-117 is not required, the application and appropriate antenna painting and lighting specifications are returned to the originating bureau or office for such further action as is necessary.

(e) If form FAA-117 is required, the originating bureau or office will be so advised. Unless the application includes a statement that form FAA-117 has been submitted to the Federal Aviation Agency, the originating bureau or offic will notify the applicant to do so.

(f) Upon receipt of a report from th Federal Aviation Agency approving proposed antenna, the Antenna Surve Branch prescribes antenna tower paint ing and lighting specifications or othe conditions in accordance with the pro visions of Part 17 of this chapter an forwards this information to the orig nating bureau or office. If the propose tower is disapproved, a report of the dis approval is forwarded to the originatin bureau or office.

§ 1.62

Operation pending action on r newal application.

(a) (1) Where there is pending b fore the Commission at the time expiration of license any proper a timely application for renewal of cense with respect to any activity of continuing nature, in accordance wi the provisions of section 9(b) of the A ministrative Procedure Act, such licer shall continue in effect without furth action by the Commission until su time as the Commission shall make final determination with respect to 1 renewal application. No operation any licensee under this section shall construed as a finding by the Comm sion that the operation will serve public interest, convenience, or necess nor shall such operation in any way af or limit the action of the Commiss

(b) Rules governing applications for authorizations in the Common Carrier Radio Services are set forth in Subpart E of this part.

(c) Rules governing applications for authorizations in the Safety and Special Radio Services are set forth in Subpart F of this part.

(d) Rules governing applications for authorizations in the Experimental Radio Services (other than broadcast) are set forth in Part 5 of this chapter.

(e) Rules governing applications for authorizations in the Domestic Public Radio Services are set forth in Part 21 of this chapter.

(f) Rules governing applications for authorizations in the Industrial, Scientific, and Medical Service are set forth in Part 18 of this chapter.

(g) Rules governing applications for type approval and type acceptance of equipment are set forth in Part 2, Subpart F, of this chapter.

(h) Rules governing applications for operator licenses and permits are set forth in §§ 1.83 and 1.84 of this chapter.

MISCELLANEOUS PROCEEDINGS

§ 1.80 Forfeiture proceedings (exclud ing those pertaining to broadcast licensees and permittees or ships and ship masters).

(a) Basis. This section is based on section 510 of the Communications Act of 1934, as amended, which provides for the payment of monetary forfeitures to the United States by certain persons who are shown to have willfully or repeatedly committed certain offenses listed therein.

(b) Applicability. These forfeiture provisions shall apply to the licensee of any radio station (and, in certain indicated categories, the person operating such station) other than broadcast stations licensed under part 73 or part 74 of this chapter and stations governed by the provisions of Part II or Part III of Title III, or section 507, of the Communications Act of 1934, as amended. For purposes of this section, the term "radio operator" means any person who transmits over a radio station whether or not such person holds a radio operator license issued by the Commission.

(c) Categories of offenses creating liability. The categories of offenses for which forfeitures shall attach hereunder are set forth as follows (categories (2), (3), (5), and (6) apply both to the sta

tion licensee and the radio operator; the remaining categories apply only to the station licensee):

(1) Operation of a radio station by any person not holding a valid radio operator license or permit of the class prescribed by the provisions in this chapter for the operation of such station.

(2) Operation of a radio station without identifying such station at the times and in the manner prescribed by the provisions in this chapter for such station.

(3) Transmission of a false call sign or of a false distress call or message in violation of the provisions in this chapter.

(4) Operation of a radio station on a frequency not authorized by the Com mission for use by such station, including operation with a frequency deviation beyond frequency tolerances authorized by the provisions in this chapter.

(5) Transmission of unauthorize communications on any frequency des ignated by the provisions in this chapte as a distress frequency or a callin frequency.

(6) Operation of a radio station so a to interfere, in violation of the prov sions in this chapter, with any distre call or distress communication.

(7) Failure to attenuate spurio emissions of a radio station to the exte required by the provisions in this chapt applicable to such station.

(8) Operation of a radio station wi power in excess of that authorized by t Commission for the particular station.

(9) Use of a radio station to rend a communication service, including t transmission of communications not p mitted by the provisions in this chapt which is not authorized by the Comm sion for the particular station.

(10) Operation of a radio station w a type of emission not authorized by Commission for the particular station

(11) Operation of a radio station w transmitting equipment not authori by the Commission for the particu station.

(12) Failure to respond to a writ official communication from the Co mission.

(d) Time limitation on forfeiture bility. A station licensee or radio of ator is not subject to forfeiture liab for any offense which occurred more t 90 days prior to the day on which a no of apparent liability (see paragraph

of this section) describing that offense is mailed. Such prior offenses may, however, be cited in a notice of apparent Lability for the purposes of establishing the willfulness or the repetitiveness of enses committed within such 90 day period.

(e) Forfeiture amounts and limitations. For each separate offense hereunder, the licensee of the radio station involved shall, in addition to any other penalty prescribed by law, forfeit to the Cnited States a sum not to exceed $100. For each separate offense coming within the provisions of subparagraphs (2), (3), 5), or (6) of paragraph (c) of this section, the radio operator, if he be a different person from the station licensee, shail, in addition to any other penalty prescribed by law, forfeit to the United States a sum not to exceed $100. However, in the event of multiple offenses within 90 days prior to the date of notice of apparent liability, the following limi*ations on total monetary liability shall overn For all offenses, regardless of the total number, coming within any one category of offense listed in paragraph e of this section, the maximum forfetture liability shall be $100. Furthermore, for all offenses, regardless of the total number, coming within more than one of the categories of offenses listed in paragraph (c) of this section, the maximum forfeiture liability for a radio sta*.on licensee shall be $500, and the maximum forfeiture liability for a radio operator shall be $400.

f) Notice of apparent liability. Whenever it appears that a station licensee and/or a radio operator willfully

repeatedly has committed an offense or offenses within those categories listed paragraph (c) of this section, a writnotice of apparent liability will be to him by certified mail to his last con address. See § 1.5 of this chap

This notice will set forth the facts which indicate apparent liability; will de the offenses listed in paragraph

of this section which are involved And the provisions of the Commission's

and of the license which appear to are been violated; will state the amount the forfeiture imposed; and will sum

ze the courses of action available to e person involved under the provisions 4raphs (g) and (h) of this section. 4 Response to a notice of apparent The station licensee or radio rator involved shall respond to a

notice of apparent liability within 30 days after the notice is mailed, or within such longer period of time as may be specified in the notice. Any of the following actions by the station licensee or radio operator shall constitute a response meeting the requirements of this paragraph:

(1) Payment of the forfeiture in the amount specified in the notice of apparent liability. The forfeiture should be paid by check or money order drawn to the order of the Treasurer of the United States and should be mailed to the Federal Communications Commission, Washington, D.C., 20554. The Commission does not accept responsibility for cash payments sent through the mails.

(2) Submission of a written statement denying liability for the forfeiture in whole or in part and/or requesting (even if liability is admitted) that the forfeiture be cancelled or reduced because of extenuating circumstances connected with the offense. Allegations or requests made in any such statement must be supported by detailed factual data and reasons. The statement should be mailed to the Federal Communications Commission, Washington, D.C., 20554.

(3) Submission of a written request for a personal interview with an official of the Commission. The request should be submitted to the Federal Communications Commission, Washington, D.C., 20554. Submission of such a request does not preclude submission of the statement described in subparagraph (2) of this paragraph; either or both may be submitted.

(h) Personal interview. (1) If a personal interview is requested, it will be held at the field office or monitoring station of the Commission nearest to the place of residence of the station licensee or radio operator involved. See § 0.121 of this chapter.

(2) The interview will be held within 30 days after the request is filed with the Commission, and may be scheduled by the Commission for any mutually convenient time within that 30 day period.

(3) In the personal interview, the station licensee or radio operator will be afforded an opportunity to state his position with regard to forfeiture liability and the amount of the forfeiture imposed, and to request that the forfeiture be cancelled or reduced.