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47 CFR 1.229 - Motions to enlarge, change, or delete issues.

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§ 1.229
Motions to enlarge, change, or delete issues.
Link to an amendment published at 76 FR 60672, September 29, 2011.
(a) A motion to enlarge, change or delete the issues may be filed by any party to a hearing. Except as provided for in paragraph (b) of this section, such motions must be filed within 15 days after the full text or a summary of the order designating the case for hearing has been published in the Federal Register.
(b) (1) In comparative broadcast proceedings involving applicants for only new facilities, such motions shall be filed within 30 days of the release of the designation order, except that persons not named as parties to the proceeding in the designation order may file such motions with their petitions to intervene up to 30 days after publication of the full text or a summary of the designation order in the Federal Register. (See § 1.223 of this part ).
(2) In comparative broadcast proceedings involving renewal applicants, such motions shall be filed within 30 days after publication of the full text or a summary of the designation order in the Federal Register.
(3) Any person desiring to file a motion to modify the issues after the expiration of periods specified in paragraphs (a), (b)(1), and (b)(2), of this section, shall set forth the reason why it was not possible to file the motion within the prescribed period. Except as provided in paragraph (c) of this section, the motion will be granted only if good cause is shown for the delay in filing. Motions for modifications of issues which are based on new facts or newly discovered facts shall be filed within 15 days after such facts are discovered by the moving party.
(c) In the absence of good cause for late filing of a motion to modify the issues, the motion to enlarge will be considered fully on its merits if (and only if) initial examination of the motion demonstrates that it raises a question of probable decisional significance and such substantial public interest importance as to warrant consideration in spite of its untimely filing.
(d) Such motions, opposition thereto, and replies to oppositions shall contain specific allegations of fact sufficient to support the action requested. Such allegations of fact, except for those of which official notice may be taken, shall be supported by affidavits of a person or persons having personal knowledge thereof. The failure to file an opposition or a reply will not necessarily be construed as an admission of any fact or argument contained in a pleading.
(e) In comparative broadcast proceedings involving applicants for only new facilities, in addition to the showing with respect to the requested issue modification described in paragraph (d) of this section, the party requesting the enlargement of issues against an applicant in the proceeding shall identify those documents the moving party wishes to have produced and any other discovery procedures the moving party wishes to employ in the event the requested issue is added to the proceeding.
(1) In the event the motion to enlarge issues is granted, the Commission or delegated authority acting on the motion will also rule on the additional discovery requests, and, if granted, such additional discovery will be scheduled to be completed within 30 days of the action on the motion.
(2) The moving party may file supplemental discovery requests on the basis of information provided in responsive pleadings or discovered as a result of initial discovery on the enlarged issue. The grant or denial of any such supplemental requests and the timing of the completion of such supplemental discovery are subject to the discretion of the presiding judge.
(3) The 30-day time limit for completion of discovery on enlarged issues shall not apply where the persons subject to such additional discovery are not parties to the proceeding. In such case, additional time will be required to afford such persons adequate notice of the discovery procedures being employed.
(f) In any case in which the presiding judge or the Commission grants a motion to enlarge the issues to inquire into allegations that an applicant made misrepresentations to the Commission or engaged in other misconduct during the application process, the enlarged issues include notice that, after hearings on the enlarged issue and upon a finding that the alleged misconduct occurred and warrants such penalty, in addition to or in lieu of denying the application, the applicant may be liable for a forfeiture of up to the maximum statutory amount. See 47 U.S.C. 503(b)(2)(A).
[41 FR 14872, Apr. 8, 1976, as amended at 44 FR 34947, June 18, 1979; 51 FR 19347, May 29, 1986; 56 FR 792, Jan. 9, 1991; 56 FR 25639, June 5, 1991; 62 FR 4171, Jan. 29, 1997]
Effective Date Note: At 76 FR 60672, Sept. 29, 2011, § 1.229 was amended by redesignating paragraph (b)(3) as (b)(4), revising newly redesignated paragraph (b)(4), and adding new paragraph (b)(3), effective Oct. 31, 2011. These paragraphs contain information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. For the convenience of the user, the added and revised text is set forth as follows: Presiding Officer Prehearing Procedures
§ 1.229
Motions to enlarge, change, or delete issues.
(b) * * *
(3) For program carriage complaints filed pursuant to § 76.1302 of this chapter that the Chief, Media Bureau refers to an administrative law judge for an initial decision, such motions shall be filed within 15 calendar days after the deadline for submitting written appearances pursuant to § 1.221(h), except that persons not named as parties to the proceeding in the designation order may file such motions with their petitions to intervene up to 30 days after publication of the full text or a summary of the designation order in the Federal Register. (See § 1.223 ).
(4) Any person desiring to file a motion to modify the issues after the expiration of periods specified in paragraphs (a), (b)(1), (b)(2), and (b)(3) of this section, shall set forth the reason why it was not possible to file the motion within the prescribed period. Except as provided in paragraph (c) of this section, the motion will be granted only if good cause is shown for the delay in filing. Motions for modifications of issues which are based on new facts or newly discovered facts shall be filed within 15 days after such facts are discovered by the moving party.

Title 47 published on 2012-10-01

The following are only the Rules published in the Federal Register after the published date of Title 47.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-04-18; vol. 78 # 75 - Thursday, April 18, 2013
    1. 78 FR 23150 - Commercial Radio Operators
      GPO FDSys XML | Text
      FEDERAL COMMUNICATIONS COMMISSION
      Final rule.
      Effective May 20, 2013, except for amendments to §§ 1.913(d)(1)(vi), 13.9(c), and 13.13(c), which contain information collection requirements that are not effective until approved by the Office of Management and Budget (“OMB”). The FCC will publish a document in the Federal Register announcing the effective date for those sections.
      47 CFR Parts 0, 1, 13, 80 and 87

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
USC : Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 504 - Costs and fees of parties

§ 553 - Rule making

§ 5514 - Installment deduction for indebtedness to the United States

USC : Title 15 - COMMERCE AND TRADE

§ 79 to 79z–6 - Repealed.

USC : Title 31 - MONEY AND FINANCE

§ 3701 - Definitions and application

§ 3711 - Collection and compromise

§ 3712 - Time limitations for presenting certain claims of the Government

§ 3713 - Priority of Government claims

§ 3714 - Keeping money due States in default

§ 3715 - Buying real property of a debtor

§ 3716 - Administrative offset

§ 3717 - Interest and penalty on claims

§ 3718 - Contracts for collection services

§ 3719 - Reports on debt collection activities

§ 3720 - Collection of payments

§ 3720A - Reduction of tax refund by amount of debt

§ 3720B - Barring delinquent Federal debtors from obtaining Federal loans or loan insurance guarantees

§ 3720C - Debt Collection Improvement Account

§ 3720D - Garnishment

§ 3720E - Dissemination of information regarding identity of delinquent debtors

USC : Title 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

§ 151 - Purposes of chapter; Federal Communications Commission created

§ 154 - Federal Communications Commission

§ 155 - Commission

§ 157 - New technologies and services

§ 225 - Telecommunications services for hearing-impaired and speech-impaired individuals

§ 303 - Powers and duties of Commission

§ 309 - Application for license

Presidential Documents

Executive Order ... 11609

Executive Order ... 12107

Title 47 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 47 CFR 1 after this date.

  • 2013-04-24; vol. 78 # 79 - Wednesday, April 24, 2013
    1. 78 FR 24138 - Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012
      GPO FDSys XML | Text
      FEDERAL COMMUNICATIONS COMMISSION
      Proposed rule.
      Submit comments on or before May 24, 2013. Submit reply comments on or before June 10, 2013.
      47 CFR Parts 1, 2, 27 and 90