Goto Section: 1.62 | 1.68 | Table of Contents

FCC 1.65
Revised as of February 20, 2020
Goto Year:2019 | 2021
  § 1.65   Substantial and significant changes in information furnished by
applicants to the Commission.

   (a) Each applicant is responsible for the continuing accuracy and
   completeness of information furnished in a pending application or in
   Commission proceedings involving a pending application. Except as
   otherwise required by rules applicable to particular types of
   applications, whenever the information furnished in the pending
   application is no longer substantially accurate and complete in all
   significant respects, the applicant shall as promptly as possible and
   in any event within 30 days, unless good cause is shown, amend or
   request the amendment of the application so as to furnish such
   additional or corrected information as may be appropriate. Except as
   otherwise required by rules applicable to particular types of
   applications, whenever there has been a substantial change as to any
   other matter which may be of decisional significance in a Commission
   proceeding involving the pending application, the applicant shall as
   promptly as possible and in any event within 30 days, unless good cause
   is shown, submit a statement furnishing such additional or corrected
   information as may be appropriate, which shall be served upon parties
   of record in accordance with § 1.47. Where the matter is before any
   court for review, statements and requests to amend shall in addition be
   served upon the Commission's General Counsel. For the purposes of this
   section, an application is “pending” before the Commission from the
   time it is accepted for filing by the Commission until a Commission
   grant or denial of the application is no longer subject to
   reconsideration by the Commission or to review by any court.

   (b) Applications in broadcast services subject to competitive bidding
   will be subject to the provisions of § § 1.2105(b), 73.5002 and 73.3522
   of this chapter regarding the modification of their applications.

   (c) All broadcast permittees and licensees must report annually to the
   Commission any adverse finding or adverse final action taken by any
   court or administrative body that involves conduct bearing on the
   permittee's or licensee's character qualifications and that would be
   reportable in connection with an application for renewal as reflected
   in the renewal form. If a report is required by this paragraph(s), it
   shall be filed on the anniversary of the date that the licensee's
   renewal application is required to be filed, except that licensees
   owning multiple stations with different anniversary dates need file
   only one report per year on the anniversary of their choice, provided
   that their reports are not more than one year apart. Permittees and
   licensees bear the obligation to make diligent, good faith efforts to
   become knowledgeable of any such reportable adjudicated misconduct.

   Note: The terms adverse finding and adverse final action as used in
   paragraph (c) of this section include adjudications made by an ultimate
   trier of fact, whether a government agency or court, but do not include
   factual determinations which are subject to review de novo unless the
   time for taking such review has expired under the relevant procedural
   rules. The pendency of an appeal of an adverse finding or adverse final
   action does not relieve a permittee or licensee from its obligation to
   report the finding or action.

   [ 48 FR 27200 , June 13, 1983, as amended at  55 FR 23084 , June 6, 1990;
    56 FR 25635 , June 5, 1991;  56 FR 44009 , Sept. 6, 1991;  57 FR 47412 ,
   Oct. 16, 1992;  63 FR 48622 , Sept. 11, 1998;  69 FR 72026 , Dec. 10, 2004;
    75 FR 4702 , Jan. 29, 2010]

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Goto Section: 1.62 | 1.68

Goto Year: 2019 | 2021
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