FCC 1.1503 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 1.1503 Proceedings covered.
(a) The EAJA applies to adversary adjudications conducted by the Commission.
These are adjudications under 5 U.S.C. 554 in which the position of the
Commission or any other agency of the United States, or any component of an
agency, is presented by an attorney or other representative who enters an
appearance and participates in the proceeding. Any proceeding in which this
Agency may fix a lawful present or future rate is not covered by the EAJA.
Proceedings to grant or renew licenses are also excluded, but proceedings to
modify, suspend, or revoke licenses are covered if they are otherwise
“adversary adjudications”.
(b) The Commission may designate a proceeding as an adversary adjudication
for purposes of the EAJA by so stating in an order initiating the proceeding
or designating the matter for hearing. The Commission's failure to designate
a proceeding as an adversary adjudication shall not preclude the filing of
an application by a party who believes the proceeding is covered by the
EAJA; whether the proceeding is covered will then be an issue for resolution
in proceedings on the application.
(c) If a proceeding includes both matters covered by the EAJA and matters
specifically excluded from coverage, any awards made will include only fees
and expenses related to covered issues.
[ 47 FR 3786 , Jan. 27, 1982, as amended at 52 FR 11653 , Apr. 10, 1987]
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