(4) A summary of the interview will be prepared by the interviewing official and transmitted by him to the Washington offices of the Commission. The interviewing official is not authorized to impose, cancel, or reduce any forfeiture.

(5) The failure of the station licensee or operator to appear at the time and place appointed for the interview shall constitute a waiver of his right to such an interview.

(i) Commission action after written statement or interview. After the submission of a written statement and/or after a personal interview, as prescribed in paragraphs (g) and (h) of this section, the Commission will consider all relevant information available to it. Based on such considerations, the Commission will (1) cancel the forfeiture, or (2) offer to reduce the amount of the forfeiture, or (3) require the forfeiture to be paid in full. A notice of such Commission action, stating the amount of the forfeiture (if any), and the date by which it must be paid, will thereupon be mailed to the station licensee or radio operator involved. The forfeiture in the amount stated shall be paid by check or money order drawn to the order of the Treasurer of the United States and shall be mailed to the Federal Communications Commission, Washington, D.C., 20554. The Commission does not accept responsibility for cash payments sent through the mails.

(j) Judicial enforcement of forfeitures imposed by the Commission. If a station licensee or radio operator fails to respond to the notice of apparent liability as required by paragraph (g) of this section, or if he fails to pay the forfeiture imposed by the Commission under paragraph (1) of this section, the case will, without further notice, be referred by the Commission to the Department of Justice for prosecution in the appropriate Federal District Court to recover the amount of the forfeiture initially imposed.

(Sec. 1. 76 Stat. 68: 47 U.S.C. 310) [28 FR. 12415, Nov. 26, 1963, as amended at 30 FR. 9767, Aug. 5, 1965]

§ 1.81 Other forfeiture procedures; cross references.

(a) Rules governing the forfeiture liability of broadcast station licensees and permittees are set forth in § 1.621.

(b) Rules governing the forfeiture lability of ships and ship masters are set forth in § 1.991.

§ 1.83 Application for radio operator license.

(a) Commercial radio operator license. Applications for commercial radio operator licenses shall be filed as follows:

(1) Restricted radiotelephone operator permit. Application for a restricted radiotelephone operator permit shall be filed on FCC Form 753-1, entitled "Application for Restricted Radiotelephone Operator Permit by Declaration".

(2) All others. Application for a new, renewed, replacement, or duplicate commercial radio operator license, for a verification card, or for a verification of operator license FCC Form 759 (for additional posting) shall be filed on FCC Form 756, entitled "Application for Radio Operator License".

(3) Waiver of nationality requirement. Applicants desiring waiver of the nationality requirement pursuant to section 303 (1) of the Communications Act shall submit a request for waiver with the application form required by this paragraph. The request for waiver shall be filed on FCC Form 755, entitled "Supplemental Application for Commercial Radio Operator License".

(b) Amateur radio operator license Application for amateur radio operato license is included with the application for station license. See § 1.934.

§ 1.84 Procedure with respect to com mercial radio operator license ap plications.

(a) Upon acceptance of an applica tion for a license submitted in accord ance with Part 13 of this chapter, a examination, if required, is conducte If applicant is found qualified in all re spects, the license will be issued. Whe doubts as to nationality, character, physical condition arise, the applicati is referred to the Commission's Fie Offices Division, Field Engineering B reau, Washington, D.C., 20555, for co sideration. If it appears that further i formation is required to determine t applicant's qualifications or that a gra of the application will not serve the pu lic interest, the applicant will be notifi in writing and given an opportunity furnish such written showings as t Commission may request and as the a plicant may desire to submit. If, fr the information furnished, it does appear that the applicant is qualified that the public interest would be ser by a grant of the application, the ap

cant will be advised thereof in writing and given the opportunity to request, within the period of time to be specified in such writing, that the application be set for hearing. In the case of failure timely to request such hearing, the application will be denied.

(b) Where an examination is not required, the application will be handled with respect to other matters in accordance with the procedure in paragraph (a) of this section.

(c) Applications for renewal of license are handled in accordance with the procedure contained in paragraph (a) of this section, except that no examination is required unless the circumstances as set forth in § 13.28 of this chapter exist, in which case a renewal examination will be required.

(d) Failure to prosecute an application, or failure to respond to official correspondence or request for additional Information, will be cause for dismissal. Such dismissal will be without prejudice where an application has not yet been designated for hearing; such dismissal may be made with prejudice after an appucation has been designated for hearing.

Ser 303(1), 48 Stat. 1082, as amended; 47 USC. 303(1)) [29 F.R. 15965, Nov. 24, 1964] $1.85 Suspension of operator licenses.

Whenever grounds exist for suspension of an operator license, as provided in section 303 (m) of the Communications Act, the Chief of the Safety and Special Radio Services Bureau, with respect to amateur operator licenses, or the Chief of the Field Engineering Bureau, with respect to commercial operator licenses, may issue an order suspending the operAtor license. No order of suspension of y operator's license shall take effect until 15 days' notice in writing of the case for the proposed suspension has been given to the operator licensee, who may make written application to the Commission at any time within said 15 days for a hearing upon such order. The notice to the operator licensee shall st be effective until actually received

am, and from that time he shall have 3day in which to mail the said applian. In the event that physical conCns prevent mailing of the application be the expiration of the 15-day

d. the application shall then be taled as soon as possible thereafter, accompanied by a satisfactory explana

tion of the delay. Upon receipt by the Commission of such application for hearing said order of suspension shall be designated for hearing by the Chief, Safety and Special Radio Services Bureau, or the chief, Field Engineering Bureau, as the case may be, and said order of suspension shall be held in abeyance until the conclusion of the hearing. Upon the conclusion of said hearing, the Commission may affirm, modify, or revoke said order of suspension. If the license is ordered suspended, the operator shall send his operator license to the office of the Commission in Washington, D.C., on or before the effective date of the order, or, if the effective date has passed at the time notice is received, the license shall be sent to the Commission forthwith.

(Sec. 303 (m), 48 Stat. 1082, as amended; 47 U.S.C. 303 (m))

§ 1.87 Modification of license or construction permit on motion of the Commission.

(a) Whenever it appears that a station license or construction permit should be modified, the Commission will notify the licensee or permittee in writing of the proposed action and the grounds and reasons therefor and direct him to show cause why an order modifying the license or construction permit in the manner proposed by the Commission should not be issued.

(b) Any order to show cause issued in accordance with paragraph (a) of this section will notify the licensee or permittee that he may request, within a period of time to be stated in the order to show cause, that a hearing be held on the proposed modification. In case of timely request, a hearing will be held on the proposed modification, in no event less than 30 days after the receipt of the order to show cause, unless the Commission finds that safety of life or property require the fixing of a shorter period.

(c) In order to avail himself of the right to request a hearing and of the opportunity to appear and give evidence upon the matters specified in the order to show cause, the licensee or permittee, in person or by his attorney, shall, within such period of time as may be specified in the order to show cause, file with the Commission a written statement stating that he requests a hearing and will appear at the hearing and present evidence on the matter specified in the order to show cause. Such written statement

must contain a detailed response to the matter specified in the order to show cause, and the permittee or licensee shall be limited in the hearing to matters fairly encompassed within the issues raised by the response.

(d) The right to request a hearing shall, unless good cause is shown in a petition to be filed not later than 5 days before the lapse of the time specified in paragraph (c) of this section, be deemed waived:

(1) In case of failure to timely file a written statement as required by paragraph (c) of this section;

(2) In case of filing the written statement provided for in paragraph (c) of this section but failure to appear at the hearing, either in person or by counsel.

(e) Where the right to request a hearing is waived and no written statement has been filed within the period of time specified in the order to show cause, the licensee or permittee will be deemed to consent to the modification as proposed in the order to show cause and a final decision will be issued by the Commission accordingly.

In

(f) Where the right to request a hearing has been waived, a written statement may be filed within the period of time to be specified in the order to show cause, showing with particularity why the license or construction permit should not be modified or not so modified as proposed in the order to show cause. this case, the Commission may, depending upon the facts alleged and proof offered, either call upon the submitting party to furnish additional information under oath, designate the proceeding for hearing, or issue without further proceedings an order modifying the construction permit or license as proposed in the order to show cause or in said written statement. The order to show cause will advise the person against whom it is directed of procedure set forth in this paragraph.

(g) Any order of modification issued pursuant to this section shall include a statement of the findings and the grounds and reasons therefor, shall specify the effective date of the order, and shall be served on the licensee or permittee.

(Sec. 12, 66 Stat. 717; 47 U.S.C. 316) § 1.89 Notice of violations.

(a) Except in cases of wilfulness or those in which public health, interest, or safety requires otherwise, any licensee

(c) The answer to each notice shall be complete in itself and shall not be abbreviated by reference to other communications or answers to other notices. In every instance the answer shall contain a statement of action taken to correct the condition or omission complained of and to preclude its recurrence. In addition:

(1) If the notice relates to violations that may be due to the physical or electrical characteristics of transmitting apparatus and any new apparatus is to be installed, the answer shall state the date such apparatus was ordered, the name of the manufacturer, and the promised date of delivery. If the installation of such apparatus requires a construction permit, the file number of the applica tion shall be given, or if a file numbe has not been assigned by the Commission such identification shall be given as wi permit ready identification of the appli cation.

(2) If the notice of violation relate to lack of attention to or improper opera tion of the transmitter, the name and 1 cense number of the operator in char shall be given.

§ 1.91 Revocation and/or cease and d sist proceedings; hearings.

(a) If it appears that a station licen or construction permit should be revok and/or that a cease and desist ord should be issued, the Commission w issue an order directing the person show cause why an order of revocati and/or a cease and desist order, as t facts may warrant, should not be issu

(b) An order to show cause why an order of revocation and/or a cease and desist order should not be issued will contain a statement of the matters with respect to which the Commission is inquiring and will call upon the person to whom it is directed (the respondent) to appear before the Commission at a hearing, at a time and place stated in the order, but not less than thirty days after the receipt of such order, and give evidence upon the matters specified in the order to show cause. However, if safety of life or property is involved, the order to show cause may specify a hearing date less than thirty days from the receipt of such order.

(c) To avail himself of such opportunity for hearing, the respondent, personally or by his attorney, shall file with the Commission, within thirty days of the service of the order or such shorter period as may be specified therein, a written appearance stating that he will appear at the hearing and present evidence on the matters specified in the order. The Commission in its discretion may accept a late appearance. However, an appearance tendered after the specifiled time has expired will not be accepted unless accompanied by a petition stating with particularity the facts and reasons reled on to justify such late filing. Such petition for acceptance of late appearance will be granted only if the Commission determines that the facts and reasons stated therein constitute good Cause for failure to file on time.

(d) Hearings on the matters specified in such orders to show cause shall accord with the practice and procedure prescribed in this subpart and Subpart B of this part, with the following exceptions: (1) In all such revocation and/or cease and desist hearings, the burden of proceeding with the introduction of evidence and the burden of proof shall be upon the Commission; and (2) the Commission may specify in a show cause order, when the circumstances of the proceeding require expedition, a time less than that prescribed in §§ 1.276 and 1277 within which the initial decision

the proceeding shall become effective, aceptions to such initial decision must be fled, parties must file requests for cral argument, and parties must file Lice of intention to participate in oral Arument.

e) Correction of or promise to correct the conditions or matters complained of

in a show cause order shall not preclude the issuance of a cease and desist order. Corrections or promises to correct the conditions or matters complained of, and the past record of the licensee, may, however, be considered in determining whether a revocation and/or a cease and desist order should be issued.

(f) Any order of revocation and/or cease and desist order issued after hearing pursuant to this section shall include a statement of findings and the grounds therefor, shall specify the effective date of the order, and shall be served on the person to whom such order is directed. (Sec. 312, 48 Stat. 1086, as amended; 47 U.S.C. 312)

§ 1.92 Revocation and/or cease and desist proceedings; after waiver of hearing.

(a) After the issuance of an order to show cause, pursuant to § 1.91, calling upon a person to appear at a hearing before the Commission, the occurrence of any one of the following events or circumstances will constitute a waiver of such hearing and the proceeding thereafter will be conducted in accordance with the provisions of this section.

(1) The respondent fails to file a timely written appearance as prescribed in § 1.91 (c) indicating that he will appear at a hearing and present evidence on the matters specified in the order.

(2) The respondent, having filed a timely written appearance as prescribed in § 1.91 (c), fails in fact to appear in person or by his attorney at the time and place of the duly scheduled hearing.

(3) The respondent files with the Commission, within the time specified for a written appearance in § 1.91 (c), a written statement expressly waiving his rights to a hearing.

(b) When a hearing is waived under the provisions of paragraph (a) (1) or (3) of this section, a written statement signed by the respondent denying or seeking to mitigate or justify the circumstances or conduct complained of in the order to show cause may be submitted within the time specified in § 1.91 (c). The Commission in its discretion may accept a late statement. However, a statement tendered after the specified time has expired will not be accepted unless accompanied by a petition stating with particularity the facts and reasons relied on to justify such late filing. Such petitions for acceptance of a late

statement will be granted only if the Commission determines that the facts and reasons stated therein constitute good cause for failure to file on time.

(c) Whenever a hearing is waived by the occurence of any of the events or circumstances listed in paragraph (a) of this section, the Chief Hearing Examiner (or the presiding officer if one has been designated) shall, at the earliest practicable date, issue an order reciting the events or circumstances constituting a waiver of hearing, terminating the hearing proceeding, and certifying the case to the Commission. Such order shall be served upon the respondent.

(d) After a hearing proceeding has been terminated pursuant to paragraph (c) of this section, the Commission will act upon the matters specified in the order to show cause in the regular course of business. The Commission will determine on the basis of all the information available to it from any source, including such further proceedings as may be warranted, if a revocation order and/or a cease and desist order should issue, and if so, will issue such order. Otherwise, the Commission will issue an order dismissing the proceeding. orders specified in this paragraph will include a statement of the findings of the Commission and the grounds and reasons therefor, will specify the effective date thereof, and will be served upon the respondent.

All

(e) Corrections or promise to correct the conditions or matters complained of in a show cause order shall not preclude the issuance of a cease and desist order. Corrections or promises to correct the conditions or matters complained of, and the past record of the licensee, may, however, be considered in determining whether a revocation and/or a cease and desist order should be issued.

(Sec. 312, 48 Stat. 1086, as amended; 47 U.S.C. 312) [28 F.R. 12415, Nov. 22, 1963, as amended at 29 F.R. 6443, May 16, 1964] RECONSIDERATION AND REVIEW OF ACTIONS

TAKEN PURSUANT TO DELEGATED AuTHORITY; RECONSIDERATION OF ACTIONS TAKEN BY THE COMMISSION

§ 1.101 General provisions.

Under section 5(d) of the Communications Act of 1934, as amended, the Commission is authorized, by rule or order, to delegate certain of its functions to a panel of commissioners, an individual commissioner, an employee board, or an

individual employee. Section 0.201(a) of this chapter describes in general terms the basic categories of delegations which are made by the Commission. Subpart B of Part 0 of this chapter sets forth all delegations which have been made by rule. Sections 1.102-1.120 set forth procedural rules governing reconsideration and review of actions taken pursuant to authority delegated under section 5(d) of the Communications Act, and reconsideration of actions taken by the Commission. As used in §§ 1.102– 1.117, the term "designated authority" means any person, panel, or board which has been authorized by rule or order to exercise authority under section 5(d) of the Communications Act.

§ 1.102 Effective dates of actions taken pursuant to delegated authority.

(a) Final actions following review of an initial decision. (1) Final decisions of the Review Board, a commissioner, or panel of commissioners following review of an initial decision shall be effective 40 days after public release of the full text of such final decision.

(2) If a petition for reconsideration of such final decision is filed, the effect of the decision is stayed until 40 days after release of the final order disposing of the petition.

(3) If an application for review of such final decision is filed, or if the Commission on its own motion orders the record of the proceeding before i for review, the effect of the decision i stayed until the Commission's review o the proceeding has been completed.

(b) Non-hearing and interlocutor actions. (1) Non-hearing or interlocu tory actions taken pursuant to delegate authority shall, unless otherwise or dered by the designated authority, b effective upon release of the documen containing the full text of such action or in the event such a document is no released, upon release of a public notic announcing the action in question.

(2) If a petition for reconsideration ‹ a non-hearing action is filed, the desi nated authority may in its discretic stay the effect of its action pending di position of the petition for reconsider: tion. Petitions for reconsideration interlocutory actions will not be ente tained.

(3) If an application for review of non-hearing or interlocutory action filed, or if the Commission reviews t