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(b) The presiding officer (or the Commission or a panel of commissioners in a case over which it presides), on his own initiative or at the request of any party, may direct the parties or their attorneys to appear at a specified time and place for a conference prior to or during the course of a hearing, or to submit suggestions in writing, for the purpose of considering any of the matters set forth in paragraph (c) of this section.

(c) In conferences held, or in suggestions submitted, pursuant to paragraphs (a) and (b) of this section, the following matters, among others, may be considered:

(1) The necessity or desirability of simplification, clarification, amplification, or limitation of the issues;

(2) The possibility of stipulating with respect to facts;

(3) The procedure at the hearing; (4) The limitation of the number of witnesses;

(5) In cases arising under Title II of the Communications Act, the necessity or desirability of amending the pleadings and offers of settlement or proposals of adjustment; and

6) In cases involving comparative broadcast applications:

(1) Narrowing the issues or the areas of inquiry and proof at the hearing;

Admissions of fact and of documents which will avoid unnecessary proof;

Reports and letters relating to surveys or contacts;

Assumptions regarding the availability of equipment;

Network programming;

Assumptions regarding the availability of networks proposed;

V Offers of letters in general;

a) The method of handling evidence relating to the past cooperation of existing stations owned and/or operated

the applicants with organizations in the area:

(ix) Proof of contracts, agreements, or understandings reduced to writing; Stipulations;

() Need for depositions;

The numbering of exihibits; The order or offer of proof with Patonship to docket number;

ng and

The date for the formal hear

Such other matters as may exthe conduct of the hearing.

(d) At the prehearing conferences prescribed by this section, the parties in any broadcast proceeding shall be prepared to discuss the advisability of reducing any or all phases of their affirmative direct cases to written form. Where it appears that it will contribute significantly to the disposition of the proceeding for the parties to submit any portion of their cases in writing, it is the policy of the Commission to encourage them to do so. However, the phase or phases of the proceeding to be submitted in writing, the dates for the exchange of the written material, and other procedural limitations upon the effect of adopting the written case procedure (such as, whether material ruled out as incompetent may be restored by competent oral testimony) is to be left to agreement of the parties as approved by the presiding officer.

(e) An official transcript of all conferences shall be made.

§ 1.253 Time and place of hearing.

(a) The Commission will specify the day on which and the place at which any hearing is to commence.

(b) The presiding officer will specify the days on which subsequent hearing sessions are to be held.

(c) If the Commission specifies that a hearing is to commence in the District of Columbia, it shall be moved therefrom only by order of the Commission.

(d) If the Commission specifies that a hearing is to commence at a field location, all appropriate proceedings will be completed at such location before the hearing is moved therefrom. When such proceedings are completed, the presiding officer may move the hearing from the field location specified to another appropriate field location or to the District of Columbia.

§ 1.254 Nature of the hearing; burden of proof.

Any hearing upon an application shall be a full hearing in which the applicant and all other parties in interest shall be permitted to participate but in which both the burden of proceeding with the introduction of evidence upon any issue specified by the Commission, as well as the burden of proof upon all such issues, shall be upon the applicant except as otherwise provided in the order of designation.

(Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309)

§ 1.255 Order of procedure.

(a) At hearings on a formal complaint or petition or in a proceeding for any instrument of authorization which the Commission is empowered to issue, the complainant, petitioner, or applicant, as the case may be, shall, unless the Commission otherwise orders, open and close. At hearings on protests, the protestant opens and closes the proceedings in case the issues are not specifically adopted by the Commission; otherwise the grantee does So. At hearings on orders to show cause, to cease and desist, to revoke or modify a station license under sections 312 and 316 of the Communications Act, or other like proceedings instituted by the Commission, the Commission shall open and close.

(b) At all hearings under Title II of the Communications Act, other than hearings on formal complaints, petitions, or applications, the respondent shall open and close unless otherwise specified by the Commission.

(c) In all other cases, the Commission or presiding officer shall designate the order of presentation. Intervenors shall follow the party in whose behalf intervention is made, and in all cases where the intervention is not in support of an original party, the Commission or presiding officer shall designate at what stage such intervenors shall be heard.

(d) Immediately upon convening the formal hearing in any proceeding, the presiding officer shall enter upon the record a statement reciting all actions taken at the prehearing conferences, and incorporating into the record all of the stipulations and agreements of the parties which are approved by him, and any special rules which he may deem necessary to govern the course of the proceeding.

§ 1.258 Closing of the hearing.

The record of hearing shall be closed by an announcement to that effect at the hearing by the presiding officer when the taking of testimony has been concluded. In the discretion of the presiding officer, the record may be closed as of a future specified date in order to permit the admission into the record of exhibits to be prepared: Provided, The parties to the proceeding stipulate on the record that they waive the opportunity to crossexamine or present evidence with respect to such exhibits. The record in any

hearing which has been adjourned may not be closed by such officer prior to the day on which the hearing is to resume, except upon 10 days' notice to all parties to the proceeding.

§ 1.260 Certification of transcript.

After the close of the hearing, the complete transcript of testimony, together with all exhibits, shall be certified as to identity by the presiding officer and filed in the office of the Secretary of the Commission. Notice of such certification shall be served on all parties to the proceedings.

§ 1.261 Corrections to transcript.

Within 10 days after the date of notice of certification of the transcript, any party to the proceeding may file with the presiding officer a motion requesting the correction of the transcript, which motion shall be accompanied by proof of service thereof upon all other parties to the proceedings. Within 5 days after the filling of such a motion, other parties may file a pleading in support of or in opposition to such motion. Thereafter, the presiding officer shall, by order, specify the corrections to be made in the transcript, and a copy of the order shall be served upon all parties and made a part of the record. The presiding officer, on his own initiative, may specify corrections to be made in the transcrip on 5 days' notice.

§ 1.263 Proposed findings and conclu

sions.

(a) Each party to the proceeding may file proposed findings of fac and conclusions, briefs, or memorand of law: Provided, however, That th presiding officer may direct any part other than Commission counsel to fil proposed findings of fact and conclu sions, briefs, or memoranda of lav Such proposed findings of fact, conclu sions, briefs, and memoranda of law sha be filled within 20 days after the recor is closed, unless additional time is a lowed.

(b) All pleadings and other pape filed pursuant to this section shall accompanied by proof of service there upon all other counsel in the procee ing; if a party is not represented counsel, proof of service upon such par shall be made.

(c) In the absence of a showing good cause therefor, the failure to f proposed findings of fact, conclusio briefs, or memoranda of law, when

rected to do so, may be deemed a waiver of the right to participate further in the proceeding.

Sec. 8(b), 60 Stat. 242; 5 U.S.C. 1007(b)) $1.264 Contents of findings of fact and conclusions.

Proposed findings of fact shall be set forth in serially numbered paratraphs and shall set out in detail and with particularity all basic evidentiary facts developed on the record with appropriate citations to the transcript of record or exhibit relied on for each evidentiary fact) supporting the conclusions proposed by the party filing same. Proposed conclusions shall be separately stated. Proposed findings of fact and conclusions submitted by a person other than an applicant may be mited to those issues in connection with the hearing which affect the interests of such person.

Sec 8 b), 60 Stat. 242; 5 U.S.C. 1007(b)) 1.267 Initial and recommended deci

sions.

fa Except as provided in § 1.274, the presiding officer shall prepare an initial recommended) decision which shall be transmitted to the Secretary of the Commission who shall make it public mmediately and file it in the docket of

the case.

b Each initial and recommended defan shall contain findings of fact and clusions, as well as the reasons or therefor, upon all the material isof fact, law, or discretion presented The record; each initial decision shall contain the appropriate rule or der, and the sanction, relief or denial there, and each recommended decision

contain recommendations as to at disposition of the case should be de by the Commission. Each initial

will show the date upon which become effective in accordance the rules in this part in the absence eceptions, appeal, or review.

The authority of the presiding ofover the proceedings shall cease be he has filed his initial or recomded decision, or, if it is a case in he is to file no decision, when he tal certified the case to the Commisfor decision after specifying correcto the transcript in accordance 1261.

409, 48 Stat. 1096, as amended; 47 409. Sec. 8, 60 Stat. 242; 5 U.S.C.

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§ 1.273

Waiver of initial or recommended decision.

At the conclusion of the hearing or within 20 days thereafter, all parties to the proceeding may agree to waive an initial or recommended decision, and may request that the Commission issue a final decision or order in the case. If the Commission has directed that its review function in the case be performed by a commissioner, a panel of commissioners, or by the Review Board, the request shall be directed to the appropriate review authority. The Commission or such review authority may in its discretion grant the request, in whole or in part, if such action will best conduce to the proper dispatch of business and to the ends of justice.

§ 1.274 Certification of the record to the Commission for initial or final decision.

(a) Where the presiding officer is available to the Commission, and where the Commission finds upon the record that due and timely execution of its functions imperatively and unavoidably so requires, the Commission may direct that the record in a pending proceeding be certified to it for initial or final decision. Unless the Commission finds that due and timely execution of its functions imperatively and unavoidably requires that no recommended decision be issued, the presiding officer will prepare and file a recommended decision, which will be released with the Commission's initial or final decision.

(b) Where the presiding officer becomes unavailable to the Commission

after the taking of testimony has been concluded, the Commission may direct that the record in a pending proceeding be certified to it for initial or final decision. In that event, the record shall be certified to the Commission by the Chief Hearing Examiner.

(c) (1) Where the presiding officer becomes unavailable to the Commission after the taking of evidence has commenced but before it has been concluded, the Commission may order a rehearing before another presiding officer designated in accordance with § 1.241.

(2) Upon a finding that due and timely execution of its functions imperatively and unavoidably so requires, the Commission may (as an alternative) order that the hearing be continued by another presiding officer designated in accordance with § 1.241 or by the Commission itself. In that event, the officer continuing the hearing shall, upon completion of the hearing, certify the proceeding to the Commission for an initial or final decision. Unless the Commission finds upon the record that due and timely execution of its functions imperatively and unavoidably requires that no recommended decision be issued, the officer continuing the hearing shall prepare and file a recommended decision to be released with the Commission's initial or final decision. If all the parties expressly consent, and if the Commission does not order otherwise, the officer continuing the hearing may prepare an initial decision.

(Sec. 409, 48 Stat. 1096, as amended; 47 U.S.C. 409)

§ 1.276 Appeal and review of initial decision.

(a) Within 30 days after the date on which public release of the full text of an initial decision is made, or such other time as the Commission may specify, any of the parties may appeal to the Commission by filing exceptions to the initial decision; and such decision shall not become effective and shall then be reviewed by the Commission, whether or not such exceptions may thereafter be withdrawn. The time for filing such exceptions may be extended for good cause shown.

(b) The Commission may on its own initiative provide, by order adopted not later than 20 days after the time for filling exceptions expires, that an initial decision shall not become final, and that

it shall be further reviewed or considered by the Commission.

(c) In any case in which an initial decision is subject to review in accordance with paragraph (a) or (b) of this section, the Commission may, on its own initiative or upon appropriate requests by a party, take any one or more of the following actions:

(1) Hear oral argument on the exceptions;

(2) Require the filing of briefs; (3) Prior to or after oral argument or the filing of exceptions or briefs, reopen the record and/or remand the proceedings to the presiding officer to take further testimony or evidence;

(4) Prior to or after oral argument or the filing of exceptions or briefs, remand the proceedings to the presiding officer to make further findings or conclusions; and

(5) Prior to or after oral argumen or the filing of exceptions or briefs, issue or cause to be issued by the presiding officer, a supplemental initial decision.

(d) No initial decision shall becom effective before 50 days after public re lease of the full text thereof is mad unless otherwise ordered by the Com mission. The timely filing of exception the further review or consideration an initial decision on the Commission initiative, or the taking of action by th Commission under paragraph (c) of th section shall stay the effectiveness of th initial decision until the Commission review thereof has been completed. the effective date of an initial decisio falls within any further time allowed f the filing of exceptions, it shall be pos poned automatically until 30 days aft time for filing exceptions has expired.

(e) If no exceptions are filed, and t Commission has not ordered the revi of an initial decision on its initiative, has not taken action under paragra (c) of this section, the initial decisi shall become effective, an appropria notation to that effect shall be enter in the docket of the case, and a "Pub Notice" thereof shall be given by Commission. The provisions of § 1. shall not apply to such public notices (f) When any party fails to file ceptions within the specified time to initial decision which proposes to d its application, such party shall deemed to have no interest in furt prosecution of its application, and its

plication may be dismissed with prejudice for failure to prosecute.

Sec. 40, 48 Stat. 1096, as amended; 47 CS.C. 409)

§1.277 Exceptions; oral arguments.

(a) Each exception to an initial decisoon or to any part of the record or proceeding in any case, including rulings pon motions or objections, shall point out with particularity alleged errors in the decision or ruling and shall contain specific references to the page or pages of the transcript of hearing, exhibit, or order if any on which the exception is based. Any objection not saved by exception filed pursuant to this section is Taved. The exceptions should be conese and they will not be accepted if they contain argumentative matters or discussions of law. Lengthy excerpts of testimony, when desired, shall not be contained in the exceptions but shall be set forth in an appendix.

b Within the period of time allowed

1.276(a) for the filing of exceptions, any party may file a statement in support of an initial decision in whole or in part, which shall be similar in form to a statement of exceptions.

C Exceptions or supporting statements may be accompanied by a separate brief or memorandum of law in port thereof. Except by special peron, such brief or memorandum of Anot be accepted if it exceeds 50

ble spaced typewritten pages in th Within 10 days, or such other me as the Commission may specify,

the time for filing exceptions has ped, any other party may file a reply to which the same limitation in applies. If exceptions have been any party may request oral argunot later than five days after the for filing replies to the exceptions as expired. The Commission in its disDion will, by order, grant or deny the

st for oral argument. Within five - after release of the Commission's designating an initial decision for arrument, as provided in paraachd of this section, any party who * to participate in oral argument le written notice of intention to and participate in oral arguand failure to file written notice stitute a waiver of the opporto participate.

Each order scheduling a case for
Dent will contain the allotment

of time for each party for oral argument before the Commission. The Commission will grant, in its discretion, upon good cause shown, an extension of such time upon petition by a party, which petition must be filed within 5 days after issuance of said order for oral argument.

(e) Within 10 days after a transcript of oral argument has been filed in the office of the Secretary of the Commission, any party who participated in the oral argument may file with the Commission a motion requesting correction of the transcript, which motion shall be accompanied by proof of service thereof upon all other parties who participated in the oral argument. Within 5 days after the filing of such a motion, other parties may file a pleading in support of or in opposition to such motion. Thereafter, the officer who presided at the oral argument shall, by order, specify the corrections to be made in the transcript, and a copy of the order shall be served upon all parties to the proceeding. The officer who presided at the oral argument may, on his own initiative, by order, specify corrections to be made in the transcript on 5 days notice of the proposed corrections to all parties who participated in the oral argument.

(f) Any commissioner or member of the Review Board who is not present at oral argument and who is otherwise authorized to participate in a final decision may participate in making that decision after reading the transcript of oral argument.

(Sec.

409, 48 Stat. 1096, as amended; 47 U.S.C. 409)

§ 1.279 Limitation of matters to be reviewed.

Upon review of any initial decision, the Commission may, in its discretion, limit the issues to be reviewed to those findings and conclusions to which exceptions have been filed, or to those findings and conclusions specified in the Commission's order of review issued pursuant to § 1.276(b).

§ 1.282 Final decision of the Commission.

(a) After opportunity has been afforded for the filing of proposed findings of fact and conclusions, exceptions, supporting statements, briefs, and for the holding of oral argument as provided in this subpart, the Commission will issue

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