Goto Section: 1.227 | 1.241 | Table of Contents
Revised as of October 1, 2014
Goto Year:2013 |
§ 1.229 Motions to enlarge, change, or delete issues.
(a) A motion to enlarge, change or delete the issues may be filed by
any party to a hearing. Except as provided for in paragraph (b) of this
section, such motions must be filed within 15 days after the full text
or a summary of the order designating the case for hearing has been
published in the Federal Register.
(b)(1) In comparative broadcast proceedings involving applicants for
only new facilities, such motions shall be filed within 30 days of the
release of the designation order, except that persons not named as
parties to the proceeding in the designation order may file such
motions with their petitions to intervene up to 30 days after
publication of the full text or a summary of the designation order in
the Federal Register. (See § 1.223 of this part).
(2) For program carriage complaints filed pursuant to § 76.1302 of this
chapter that the Chief, Media Bureau refers to an administrative law
judge for an initial decision, such motions shall be filed within 15
calendar days after the deadline for submitting written appearances
pursuant to § 1.221(h), except that persons not named as parties to the
proceeding in the designation order may file such motions with their
petitions to intervene up to 30 days after publication of the full text
or a summary of the designation order in the Federal Register. (See
(3) Any person desiring to file a motion to modify the issues after the
expiration of periods specified in paragraphs (a), (b)(1), and (b)(2)
of this section shall set forth the reason why it was not possible to
file the motion within the prescribed period. Except as provided in
paragraph (c) of this section, the motion will be granted only if good
cause is shown for the delay in filing. Motions for modifications of
issues which are based on new facts or newly discovered facts shall be
filed within 15 days after such facts are discovered by the moving
(c) In the absence of good cause for late filing of a motion to modify
the issues, the motion to enlarge will be considered fully on its
merits if (and only if) initial examination of the motion demonstrates
that it raises a question of probable decisional significance and such
substantial public interest importance as to warrant consideration in
spite of its untimely filing.
(d) Such motions, opposition thereto, and replies to oppositions shall
contain specific allegations of fact sufficient to support the action
requested. Such allegations of fact, except for those of which official
notice may be taken, shall be supported by affidavits of a person or
persons having personal knowledge thereof. The failure to file an
opposition or a reply will not necessarily be construed as an admission
of any fact or argument contained in a pleading.
(e) In comparative broadcast proceedings involving applicants for only
new facilities, in addition to the showing with respect to the
requested issue modification described in paragraph (d) of this
section, the party requesting the enlargement of issues against an
applicant in the proceeding shall identify those documents the moving
party wishes to have produced and any other discovery procedures the
moving party wishes to employ in the event the requested issue is added
to the proceeding.
(1) In the event the motion to enlarge issues is granted, the
Commission or delegated authority acting on the motion will also rule
on the additional discovery requests, and, if granted, such additional
discovery will be scheduled to be completed within 30 days of the
action on the motion.
(2) The moving party may file supplemental discovery requests on the
basis of information provided in responsive pleadings or discovered as
a result of initial discovery on the enlarged issue. The grant or
denial of any such supplemental requests and the timing of the
completion of such supplemental discovery are subject to the discretion
of the presiding judge.
(3) The 30-day time limit for completion of discovery on enlarged
issues shall not apply where the persons subject to such additional
discovery are not parties to the proceeding. In such case, additional
time will be required to afford such persons adequate notice of the
discovery procedures being employed.
(f) In any case in which the presiding judge or the Commission grants a
motion to enlarge the issues to inquire into allegations that an
applicant made misrepresentations to the Commission or engaged in other
misconduct during the application process, the enlarged issues include
notice that, after hearings on the enlarged issue and upon a finding
that the alleged misconduct occurred and warrants such penalty, in
addition to or in lieu of denying the application, the applicant may be
liable for a forfeiture of up to the maximum statutory amount. See 47
[ 41 FR 14872 , Apr. 8, 1976, as amended at 44 FR 34947 , June 18, 1979;
51 FR 19347 , May 29, 1986; 56 FR 792 , Jan. 9, 1991; 56 FR 25639 , June
5, 1991; 62 FR 4171 , Jan. 29, 1997; 76 FR 60672 , Sept. 29, 2011; 76 FR 70908 , Nov. 16, 2011; 78 FR 5745 , Jan. 28, 2013]
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Goto Section: 1.227 | 1.241
Goto Year: 2013 |
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