Goto Section: 1.85 | 1.88 | Table of Contents
Revised as of October 22, 2020
Goto Year:2020 |
§ 1.87 Modification of license or construction permit on motion of the
Link to an amendment published at 85 FR 63172 , Oct. 6, 2020.
(a) Whenever it appears that a station license or construction permit
should be modified, the Commission shall notify the licensee or
permittee in writing of the proposed action and reasons therefor, and
afford the licensee or permittee at least thirty days to protest such
proposed order of modification, except that, where safety of life or
property is involved, the Commission may by order provide a shorter
period of time.
(b) The notification required in paragraph (a) of this section may be
effectuated by a notice of proposed rule making in regard to a
modification or addition of an FM or television channel to the Table of
Allotments (§ § 73.202 and 73.504) or Table of Assignments (§ 73.606). The
Commission shall send a copy of any such notice of proposed rule making
to the affected licensee or permittee by certified mail, return receipt
(c) Any other licensee or permittee who believes that its license or
permit would be modified by the proposed action may also protest the
proposed action before its effective date.
(d) Any protest filed pursuant to this section shall be subject to the
requirements of section 309 of the Communications Act of 1934, as
amended, for petitions to deny.
(e) In any case where a hearing is conducted pursuant to the provisions
of this section, both the burden of proceeding with the introduction of
evidence and the burden of proof shall be upon the Commission except
that, with respect to any issue that pertains to the question of
whether the proposed action would modify the license or permit of a
person filing a protest pursuant to paragraph (c) of this section, such
burdens shall be as described by the Commission.
(f) In order to utilize the right to a hearing and the opportunity to
appear and give evidence upon the issues specified in any hearing
order, the licensee or permittee, in person or by attorney, shall,
within the period of time as may be specified in the hearing order,
file with the Commission a written statement stating that he or she
will appear at the hearing and present evidence on the matters
specified in the hearing order.
(g) The right to file a protest or have a hearing shall, unless good
cause is shown in a petition to be filed not later than 5 days before
the lapse of time specified in paragraph (a) or (f) of this section, be
(1) In case of failure to timely file the protest as required by
paragraph (a) of this section or a written statement as required by
paragraph (f) of this section.
(2) In case of filing a written statement provided for in paragraph (f)
of this section but failing to appear at the hearing, either in person
or by counsel.
(h) Where the right to file a protest or have a hearing is waived, the
licensee or permittee will be deemed to have consented to the
modification as proposed and a final decision may be issued by the
Commission accordingly. Irrespective of any waiver as provided for in
paragraph (g) of this section or failure by the licensee or permittee
to raise a substantial and material question of fact concerning the
proposed modification in his protest, the Commission may, on its own
motion, designate the proposed modification for hearing in accordance
with this section.
(i) Any order of modification issued pursuant to this section shall
include a statement of the findings and the grounds and reasons
therefor, shall specify the effective date of the modification, and
shall be served on the licensee or permittee.
[ 52 FR 22654 , June 15, 1987]
Goto Section: 1.85 | 1.88
Goto Year: 2020 |
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