FCC 1.104 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 1.104 Preserving the right of review; deferred consideration of application
for review.
(a) The provisions of this section apply to all final actions taken pursuant
to delegated authority, including final actions taken by members of the
Commission's staff on nonhearing matters. They do not apply to interlocutory
actions of the Chief Administrative Law Judge in hearing proceedings, or to
hearing designation orders issued under delegated authority. See Sec. Sec. 0.351,
1.106(a) and 1.115(e).
(b) Any person desiring Commission consideration of a final action taken
pursuant to delegated authority shall file either a petition for
reconsideration or an application for review (but not both) within 30 days
from the date of public notice of such action, as that date is defined in
Sec. 1.4(b) of these rules. The petition for reconsideration will be acted on by
the designated authority or referred by such authority to the Commission:
Provided, That a petition for reconsideration of an order designating a
matter for hearing will in all cases be referred to the Commission. The
application for review will in all cases be acted upon by the Commission.
Note: In those cases where the Commission does not intend to release a
document containing the full text of its action, it will state that fact in
the public notice announcing its action.
(c) If in any matter one party files a petition for reconsideration and a
second party files an application for review, the Commission will withhold
action on the application for review until final action has been taken on
the petition for reconsideration.
(d) Any person who has filed a petition for reconsideration may file an
application for review within 30 days from the date of public notice of such
action, as that date is defined in Sec. 1.4(b) of these rules. If a petition for
reconsideration has been filed, any person who has filed an application for
review may: (1) Withdraw his application for review, or (2) substitute an
amended application therefor.
Note: In those cases where the Commission does not intend to release a
document containing the full text of its action, it will state that fact in
the public notice announcing its action.
(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154,
303, 307)
[ 28 FR 12415 , Nov. 22, 1963, as amended at 41 FR 14871 , Apr. 8, 1976; 44 FR 60294 , Oct. 19, 1979; 46 FR 18556 , Mar. 25, 1981; 62 FR 4170 , Jan. 29, 1997]
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.