named therein and retained by him. This copy should be presented in support of any claim for witness fees or mileage allowances for testimony on behalf of the Commission.

$1.339 Witness fees.

Witnesses who are subpenaed and respond thereto are entitled to the same fees, including mileage, as are paid for like service in the courts of the United States. Fees shall be paid by the party at whose instance the testimony is taken. $1.340 Attendance of witness; disobedience.

The attendance of witnesses and the production of documentary evidence may be required from any place in the United States at any designated place of hearing. In case of disobedience to a subpena, the Commission or any party to a proceeding before the Commission may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence. EVIDENCE

$1.351 Rules of evidence.

Except as otherwise provided in this subpart, the rules of evidence governing evil proceedings in matters not involving trial by jury in the courts of the United States shall govern formal hearings. Such rules may be relaxed if the ends of justice will be better served by so doing.

¡1.352 Cumulative evidence.

The introduction of cumulative evidence shall be avoided, and the number of witnesses that may be heard in behalf of a party on any issue may be limited. 1.353 Further evidence during hearing.

At any stage of a hearing, the preading officer may call for further evidence upon any issue and may require ach evidence to be submitted by any party to the proceeding.

1354 Documents containing matter not material.

I material and relevant matter offered evidence is embraced in a document containing other matter not material or restant, and not intended to be put endence, such document will not be received, but the party offering the same ta present to other counsel, and to the presiding officer, the original docu

ment, together with true copies of such material and relevant matter taken therefrom, as it is desired to introduce. Upon presentation of such matter, material and relevant, in proper form, it may be received in evidence, and become a part of the record. Other counsel will be afforded an opportunity to introduce in evidence, in like manner, other portions of such document if found to be material and relevant.

§ 1.355 Documents in foreign language. Every document, exhibit, or other paper written in a language other than English, which shall be filed in any proceeding, or in response to any order, shall be filed in the language in which it is written together with an English translation thereof duly verified under oath to be a true translation. Each copy of every such document, exhibit, or other paper filed shall be accompanied by a separate copy of the translation.

§ 1.356 Copies of exhibits.

Unless offered for the sole purpose of attempting to prove or demonstrate sound effect, mechanical or physical reproductions of sound waves shall not be admitted in evidence. Any party desiring to offer any matter alleged to be contained therein or thereupon shall have such matter typewritten on paper of the size prescribed by § 1.49, and the same shall be identified and offered in duplicate in the same manner as other exhibits.

§ 1.358 Tariffs as evidence.

In case any matter contained in a tariff schedule on file with the Commission is offered in evidence, such tariff schedule need not be produced or marked for identification, but the matter so offered shall be specified with particularity (tariff and page number) in such manner as to be readily identified, and may be received in evidence by reference subject to check with the original tariff schedules on file.

An official record or entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having legal custody of the record, or by his deputy, and accompanied with a certificate that such officer has the custody. If the office in which the record is kept is within the United States or within a territory or insular possession subject to the dominion of the United States, the certificate may be made by the judge of a court of record of the district or political subdivision in which the record is kept, authenticated by the seal of the court, or may be made by any public officer having a seal of office having official duties in the district or political subdivision in which the record is kept, authenticated by the seal of his office. If the office in which the record is kept is in a foreign state or country, the certificate may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent, or by any officer in the foreign service of the United States stationed in the foreign state or country in which the record is kept, and authenticated by the seal of his office.

§ 1.360 Proof of lack of record.

The absence of an official record or entry of a specified tenor in an official record may be evidenced by a written statement signed by an officer, or by his deputy, who would have custody of the official record, if it existed, that after diligent search no record or entry of a specified tenor is found to exist in the records of his office, accompanied by a certificate as provided in § 1.359. statement and certificate are admissible as evidence that the records of his office contain no such record or entry.

Such

§ 1.361 Other proof of official record.

Sections 1.359 and 1.360 do not prevent the proof of official records or of entry or lack of entry therein by any method authorized by any applicable statute or by the rules of evidence at common law.

Subpart C-Rule Making Proceedings

AUTHORITY: The provisions of this Subpart C also issued under sec. 4, 60 Stat. 238; 5 U.S.C. 1003.

SOURCE: The provisions of this Subpart C appear at 28 FR. 12432, Nov. 22, 1963, except as otherwise noted.

PETITIONS AND RELATED PLEADINGS § 1.401 Petitions for rule making.

(a) Any interested person may petition for the issuance, amendment or repeal of a rule or regulation.

(b) The petition for rule making shall conform to the requirements of §§ 1.49, 1.52, and 1.419(b), and should be submitted or addressed to the Secretary, Federal Communications Commission, Washington, D.C., 20554.

(c) The petition shall set forth the text or substance of the proposed rule, amendment, or rule to be repealed, together with all facts, views, arguments and data deemed to support the action requested, and shall indicate how the interests of petitioner will be affected. [28 FR. 12432, Nov. 22, 1963, as amended at 28 FR. 14503, Dec. 31, 1963]

§ 1.403 Notice and availability.

All petitions for rule making meeting the requirements of § 1.401 will be give a file number, and promptly thereafter a "Public Notice" will be given (by mean of a Commission release entitled "Peti tions for Rule Making Filed") as to th petitioner, file number, nature of th proposal and date of filing. Petition are available for public inspection at th Commission's Docket Reference Roo in Washington, D.C.

§ 1.405 Responses to petitions; repli

(a) Any interested person may file. statement in support of or in oppositi to a petition for rule making prior Commission action on the petition t not later than 30 days after "Public N tice", as provided for in § 1.403, is giv of the filing of such a petition. Such statement shall be accompanied proof of service upon the petitioner or prior to the date of filing in c formity with § 1.47 and shall conform other aspects with the requirements §§ 1.49, 1.52, and 1.419(b).

(b) Any interested person may fil reply to statements in support of o opposition to a petition for rule mak prior to Commission action on the p tion but not later than 15 days after filing of such a statement. Such a r shall be accompanied by proof of ser upon the party or parties filing the st ment or statements to which the rep

proceeedings.

Rule making proceedings are comBenced by the Commission, either on its motion or on the basis of a petition rule making. See §§ 1.401-1.407. 1.412 Notice of proposed rule making. a) Except as provided in paragraphs and (c) of this section, prior notice proposed rule making will be given. iNotice is ordinarily given by pubon of a "Notice of Proposed Rule " in the FEDERAL REGISTER. The the Notice is in that event also reby the Commission, and is availnterested persons in the Office of s and Information.

If all persons subject to the produes are named, the proposal may

of publication) be personally upon those persons.

all persons subject to the prodes are named and have actual "the proposal as a matter of law.

por notice of proposed rule Carnot required.

• changes (including adoption, st, or repeal of a rule or rules) the following matters will oradopted without prior notice:

(1) Any military, naval, or foreign affairs function of the United States.

(2) Any matter relating to Commission management or personnel or to public property, loans, grants, benefits, or contracts.

(3) Interpretative rules.

(4) General statements of policy. (5) Rules of Commission organization, procedure, or practice.

(c) Rule changes may in addition be adopted without prior notice in any situation in which the Commission for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. The finding of good cause and a statement of the basis for that finding are in such situations published with the rule

changes.

(d) In addition to the notice provisions of paragraph (a) of this section, the Commission, before prescribing any requirements as to accounts, records, or memoranda to be kept by carriers, will notify the appropriate State agencies having jurisdiction over any carrier involved of the proposed requirements. § 1.413 Content of notice.

A notice of the proposed issuance, amendment, or repeal of a rule will include the following:

(a) A statement of the time, nature and place of any public rule making proceeding to be held.

(b) Reference to the authority under which the issuance, amendment or repeal of a rule is proposed.

(c) Either the terms or substance of the proposed rule or a description of the subjects and issues involved.

(d) The docket number assigned to the proceeding.

(e) A statement of the time for filing comments and replies thereto. § 1.415 Comments and replies.

(a) After notice of proposed rule making is issued, the Commission will afford interested persons an opportunity to participate in the rule making proceeding through submission of written data, views, or arguments, with or without opportunity to present the same orally in any manner.

(b) A reasonable time will be provided for submission of comments in support of or in opposition to proposed rules, and the time provided will be specified in the notice of proposed rule making.

(c) A reasonable time will be provided for filing comments in reply to the original comments, and the time provided will be specified in the notice of proposed rule making.

(d) No additional comments may be filed unless specifically requested or authorized by the Commission.

§ 1.417 Statutory requirement for hearing.

When rules are required by law to be made on the record after opportunity for a Commission hearing, the requirements of sections 7 and 8 of the Administrative Procedure Act and applicable provisions of Subparts A and B of this part will govern in place of §§ 1.415 and 1.419.

§ 1.419 Form of comments and replies; number of copies.

(a) Comments, replies, and other documents filed in a rule making proceeding shall conform to the requirements of § 1.49.

(b) An original and 14 copies of all comments, replies, pleadings, briefs, and other documents filed in a rule making proceeding shall be furnished the Commission.

(c) Any person desiring to file identical documents in more than one docketed rule making proceeding shall furnish the Commission two additional copies of any such document for each additional docket. This requirement does not apply if the proceedings have been consolidated. § 1.421

Further notice of rule making.

In any rule making proceeding where the Commission deems it warranted, a further notice of proposed rule making will be issued with opportunity for parties of record and other interested persons to submit comments in conformity with §§ 1.415 and 1.419.

§ 1.423 Oral argument and other proceedings.

In any rule making proceeding where the Commission determines that an oral argument, hearing or any other type of proceeding is warranted, notice of the time, place and nature of such proceeding will be published in the FEDERAL REGISTER and will be mailed to all parties to the proceeding.

before taking final action in a rule making proceeding and will issue a decision incorporating its finding and a brief statement of the reasons therefor.

§ 1.427 Effective date of rules.

(a) Any rule issued by the Commission will be made effective not less than 30 days from the time it is published in the FEDERAL REGISTER except as otherwise specified in paragraphs (b) and (c) of this section.

(b) For good cause found and pubIlished with the rule, any rule issued by the Commission may be made effective within less than 30 days from the time it is published in the FEDERAL REGISTER. Rules involving any military, naval or foreign affairs function of the United States; matters relating to agency management or personnel, public property, loans, grants, benefits or contracts; rules granting or recognizing exemption or relieving restriction; rules of organization, procedure or practice; or interpretative rules; and statements of policy may be made effective without regard to the 30-day requirement.

(c) In cases of alterations by the Commission in the required manner or form of keeping accounts by carriers, notice will be served upon affected carriers not less than 6 months prior to the effective date of such alterations. Subpart D-Broadcast Applications and Proceedings

SOURCE: The provisions of this Subpart D appear at 28 F.R. 12434, Nov. 22, 1963, except as otherwise noted.

This subpart is applicable to all broadcast services listed in Parts 73 and 74 of this chapter. For additional information relative to applications, see the respective rules relating to each service. § 1.502 Emergency Broadcast System Authorizations.

(a) The Commission issues Nationa Defense Emergency Authorization (NDEA's) which require stations to op erate in a manner consistent with th needs of national security and defens

(b) Standard broadcast NDEA's per mit such stations to operate, in accord ance with the terms of their license during an Emergency Action Conditio and during the experimental period the stations concerned, as provided t

73.10 of this chapter: Provided, That no interference shall be caused to other stations maintaining a regular operating schedule within the experimental period unless the licensees of such other stations have previously consented thereto.

(c) FM broadcast station NDEA's permit such stations to operate, with their Licensed power and on their licensed frequency, in the State Defense Network FM) of the State in which the FM station is located, to provide an alerting capability, and to aid in the restoration of normal communications facilities during and after an emergency.

(d) Remote pickup broadcast station NDEA's permit such stations to operate in a prescribed manner, on their censed frequency and with normal power, in the State and local remote pickup broadcast intercommunication networks for intercommunication, cue and control, and program purposes duror after an emergency.

(e) Other NDEA's which may be isd will be on such terms as may be designated therein.

fAll NDEA's are issued for periods time covered by the station license of the station concerned, subject, howver, to being changed or canceled at an er date in the discretion of the Commission without the necessity of a

Caring.

Unless canceled, National Defense Imergency renewal authorizations will issued together with the station's zeal license.

GENERAL FILING REQUIREMENTS 1.511 Applications required.

Except as provided in paragraph of this section, construction permits defined in section 3 (dd) of the Comcations Act of 1934, as amended; in licenses as defined in section

of the Communications Act; moditrations of construction permits or lies; renewals of licenses; transfers; and assignments of construction permits dation licenses, or any rights thereder, shall be granted only upon written subscribed application. A separate Vacation shall be filed for each instru

of authorization requested, except zay otherwise be provided in this

In cases of (1) emergency found the Commission involving danger to

life or property or due to damage to equipment, or (2) during a national emergency proclaimed by the President or declared by the Congress and during the continuance of any war in which the United States is engaged, and when such action is necessary for the national defense or security or otherwise in furtherance of the war effort, the Commission may grant construction permits and station licenses, or modifications or renewals thereof, without the filing of a formal application; but no authorization so granted shall continue in effect beyond the period of the emergency or war requiring it.

(c) Each individual request submitted under the provisions of paragraph (b) of this section shall contain, as a minimum requirement, the following information:

(1) Name and address of applicant. (2) Location of proposed installation or operation.

(3) Official call letters of any valid station authorization already held by applicant and the station location.

(4) Type of service desired (not required for renewal, nor for modification unless class of station is to be modified). (5) Frequency assignment, authorized transmitter power(s), and authorized class(es) of emission desired (not required for renewal; required for modification only to the extent such information may be involved).

(6) Equipment to be used, specifying the manufacturer and type or model number (not required for renewal; required for modification only to the extent such information may be involved).

(7) Statements to the extent necessary for the Commission to determine whether or not the granting of the desired authorization will be in accordance with the citizenship eligibility requirements of section 310 of the Communications Act.

(8) Statement of facts which, in the opinion of the applicant, constitute an emergency to be found by the Commission for the purpose of this section, including the estimated duration of the emergency; or which, if during an emergency or war declared by the President or Congress, necessitate such action, without formal application, for the national defense or security or in furtherance of the war effort.

(Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C.

308)