Goto Section: 1.85 | 1.88 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.87 Modification of license or construction permit on motion of the
(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 rulemaking in regard to a
modification or addition of an FM or television channel to the Table of
Allotments (§ § 73.202 and 73.504 of this chapter) or Table of
Assignments (§ 73.606 of this chapter). The Commission shall send a copy
of any such notice of proposed rulemaking to the affected licensee or
permittee by email. For modifications involving Wireless Radio
Services, the Commission shall notify the licensee or permittee by
email 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:
(1) Where safety of life or property is involved, the Commission may by
order provide a shorter period of time; and
(2) Where the notification required in paragraph (a) of this section is
effectuated by publication in the Federal Register, the Commission
shall afford the licensee or permittee at least thirty days after
publication in the Federal Register to protest such proposed order of
(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 proceeding 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 use the right to a hearing and the opportunity to give
evidence upon the issues specified in any order designating a matter
for hearing, any licensee, or permittee, itself or by counsel, shall,
within the period of time as may be specified in that order, file with
the Commission a written appearance stating that it will present
evidence on the matters specified in the order and, if required, appear
before the presiding officer at a date and time to be determined.
(g) The right to file a protest or the right to a hearing proceeding
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 deemed waived:
(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, as amended at 85 FR 63172 , Oct. 6, 2020;
85 FR 85529 , Dec. 29, 2020]
Goto Section: 1.85 | 1.88
Goto Year: 2020 |
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