FCC 1.91 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 1.91 Revocation and/or cease and desist proceedings; hearings.
(a) If it appears that a station license or construction permit should be
revoked and/or that a cease and desist order should be issued, the
Commission will issue an order directing the person to show cause why an
order of revocation and/or a cease and desist order, as the facts may
warrant, should not be issued.
(b) An order to show cause why an order of revocation and/or a cease and
desist order should not be issued will contain a statement of the matters
with respect to which the Commission is inquiring and will call upon the
person to whom it is directed (the respondent) to appear before the
Commission at a hearing, at a time and place stated in the order, but not
less than thirty days after the receipt of such order, and given evidence
upon the matters specified in the order to show cause. However, if safety of
life or property is involved, the order to show cause may specify a hearing
date less than thirty days from the receipt of such order.
(c) To avail himself of such opportunity for hearing, the respondent,
personally or by his attorney, shall file with the Commission, within thirty
days of the service of the order or such shorter period as may be specified
therein, a written appearance stating that he will appear at the hearing and
present evidence on the matters specified in the order. The Commission in
its discretion may accept a late appearance. However, an appearance tendered
after the specified time has expired will not be accepted unless accompanied
by a petition stating with particularity the facts and reasons relied on to
justify such late filing. Such petition for acceptance of late appearance
will be granted only if the Commission determines that the facts and reasons
stated therein constitute good cause for failure to file on time.
(d) Hearings on the matters specified in such orders to show cause shall
accord with the practice and procedure prescribed in this subpart and
subpart B of this part, with the following exceptions: (1) In all such
revocation and/or cease and desist hearings, the burden of proceeding with
the introduction of evidence and the burden of proof shall be upon the
Commission; and (2) the Commission may specify in a show cause order, when
the circumstances of the proceeding require expedition, a time less than
that prescribed in Sec. Sec. 1.276 and 1.277 within which the initial decision in
the proceeding shall become effective, exceptions to such initial decision
must be filed, parties must file requests for oral argument, and parties
must file notice of intention to participate in oral argument.
(e) Correction of or promise to correct the conditions or matters complained
of in a show cause order shall not preclude the issuance of a cease and
desist order. Corrections or promises to correct the conditions or matters
complained of, and the past record of the licensee, may, however, be
considered in determining whether a revocation and/or a cease and desist
order should be issued.
(f) Any order of revocation and/or cease and desist order issued after
hearing pursuant to this section shall include a statement of findings and
the grounds therefor, shall specify the effective date of the order, and
shall be served on the person to whom such order is directed.
(Sec. 312, 48 Stat. 1086, as amended; 47 U.S.C. 312)
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