FCC 1.62 Revised as of October 1, 2014
Goto Year:2013 |
§ 1.62 Operation pending action on renewal application.
(a)(1) Where there is pending before the Commission at the time of
expiration of license any proper and timely application for renewal of
license with respect to any activity of a continuing nature, in
accordance with the provisions of section 9(b) of the Administrative
Procedure Act, such license shall continue in effect without further
action by the Commission until such time as the Commission shall make a
final determination with respect to the renewal application. No
operation by any licensee under this section shall be construed as a
finding by the Commission that the operation will serve the public
interest, convenience, or necessity, nor shall such operation in any
way affect or limit the action of the Commission with respect to any
pending application or proceeding.
(2) A licensee operating by virtue of this paragraph shall, after the
date of expiration specified in the license, post, in addition to the
original license, any acknowledgment received from the Commission that
the renewal application has been accepted for filing or a signed copy
of the application for renewal of license which has been submitted by
the licensee, or in services other than broadcast and common carrier, a
statement certifying that the licensee has mailed or filed a renewal
application, specifying the date of mailing or filing.
(b) Where there is pending before the Commission at the time of
expiration of license any proper and timely application for renewal or
extension of the term of a license with respect to any activity not of
a continuing nature, the Commission may in its discretion grant a
temporary extension of such license pending determination of such
application. No such temporary extension shall be construed as a
finding by the Commission that the operation of any radio station
thereunder will serve the public interest, convenience, or necessity
beyond the express terms of such temporary extension of license, nor
shall such temporary extension in any way affect or limit the action of
the Commission with respect to any pending application or proceeding.
(c) Except where an instrument of authorization clearly states on its
face that it relates to an activity not of a continuing nature, or
where the non-continuing nature is otherwise clearly apparent upon the
face of the authorization, all licenses issued by the Commission shall
be deemed to be related to an activity of a continuing nature.
(5 U.S.C. 558)
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