FCC 47 CFR PART 1-2010 PRACTICE AND PROCEDURE《操作规程和程序》.pdf

《FCC 47 CFR PART 1-2010 PRACTICE AND PROCEDURE《操作规程和程序》.pdf》由会员分享，可在线阅读，更多相关《FCC 47 CFR PART 1-2010 PRACTICE AND PROCEDURE《操作规程和程序》.pdf（354页珍藏版）》请在麦多课文档分享上搜索。

1、95 Federal Communications Commission Pt. 1 Subpart GIntergovernmental Communication SOURCE: 66 FR 8091, Jan. 29, 2001, unless otherwise noted. 0.701 Intergovernmental Advisory Committee. (a) Purpose and term of operations. The Intergovernmental Advisory Com-mittee (IAC) is established to facilitate

2、intergovernmental communication be-tween municipal, county, state and tribal governments and the Federal Communications Commission. The IAC will commence operations with its first meeting convened under this section and is authorized to undertake its mis-sion for a period of two years from that date

3、. At his discretion, the Chairman of the Federal Communications Com-mission may extend the IACs term of operations for an additional two years, for which new members will be ap-pointed as set forth in paragraph (b) of this section. Pursuant to Section 204(b) of the Unfunded Mandates Reform Act of 19

4、95, 2 U.S.C. 1534(b), the IAC is not subject to, and is not required to fol-low, the procedures set forth in the Federal Advisory Committee Act. 5 U.S.C., App. 2 (1988). (b) Membership. The IAC will be com-posed of the following 15 members (or their designated employees): Four elected municipal offi

5、cials (city may-ors and city council members); two elected county officials (county com-missioners or council members); one elected or appointed local government attorney; one elected state executive (governor or lieutenant governor); three elected state legislators; one elected or appointed public

6、utilities or public service commissioner; and three elected or appointed Native American tribal representatives. The Chairman of the Commission will appoint mem-bers through an application process initiated by a Public Notice, and will select a Chairman and a Vice Chairman to lead the IAC. The Chair

7、man of the Commission will also appoint members to fill any vacancies and may replace an IAC member, at his discretion, using the appointment process. Mem-bers of the IAC are responsible for trav-el and other incidental expenses in-curred while on IAC business and will not be reimbursed by the Commi

8、ssion for such expenses. (c) Location and frequency of meetings. The IAC will meet in Washington, DC four times a year. Members must at-tend a minimum of fifty percent of the IACs yearly meetings and may be re-moved by the Chairman of the IAC for failure to comply with this require-ment. (d) Partici

9、pation in IAC meetings. Par-ticipation at IAC meetings will be lim-ited to IAC members or employees des-ignated by IAC members to act on their behalf. Members unable to attend an IAC meeting should notify the IAC Chairman a reasonable time in advance of the meeting and provide the name of the employ

10、ee designated on their be-half. With the exception of Commission staff and individuals or groups having business before the IAC, no other per-sons may attend or participate in an IAC meeting. (e) Commission support and oversight. The Chairman of the Commission, or Commissioner designated by the Chai

11、r-man for such purpose, will serve as a li-aison between the IAC and the Com-mission and provide general oversight for its activities. The IAC will also communicate directly with the Chief, Consumer copies of docu-ments submitted. 1.12 Notice to attorneys of Commission doc-uments. VerDate Mar2010 09

12、:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00105 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-96 47 CFR Ch. I (10110 Edition) Pt. 1 1.13 Filing of petitions for review and n

13、o-tices of appeals of Commission orders. 1.14 Citation of Commission documents. 1.16 Unsworn declarations under penalty of perjury in lieu of affidavits. 1.17 Truthful and accurate statements to the Commission. 1.18 Administrative Dispute Resolution. 1.19 Use of metric units required. PARTIES, PRACT

14、ITIONERS, AND WITNESSES 1.21 Parties. 1.22 Authority for representation. 1.23 Persons who may be admitted to prac-tice. 1.24 Censure, suspension, or disbarment of attorneys. 1.25 Reserved 1.26 Appearances. 1.27 Witnesses; right to counsel. 1.281.29 Reserved PLEADINGS, BRIEFS, AND OTHER PAPERS 1.41 I

15、nformal requests for Commission ac-tion. 1.42 Applications, reports, complaints; cross-reference. 1.43 Requests for stay; cross-reference. 1.44 Separate pleadings for different re-quests. 1.45 Pleadings; filing periods. 1.46 Motions for extension of time. 1.47 Service of documents and proof of serv-

16、ice. 1.48 Length of pleadings. 1.49 Specifications as to pleadings and docu-ments. 1.50 Specifications as to briefs. 1.51 Number of copies of pleadings, briefs and other papers. FORBEARANCE PROCEEDINGS 1.52 Subscription and verification. 1.53 Separate pleadings for petitions for for-bearance. 1.54 P

17、etitions for forbearance must be com-plete as filed. 1.55 Public notice of petitions for forbear-ance. 1.56 Motions for summary denial of peti-tions for forbearance. 1.57 Circulation and voting of petitions for forbearance. 1.58 Forbearance petition quiet period pro-hibition. 1.59 Withdrawal or narr

18、owing of petitions for forbearance. GENERAL APPLICATION PROCEDURES 1.61 Procedures for handling applications requiring special aeronautical study. 1.62 Operation pending action on renewal application. 1.65 Substantial and significant changes in information furnished by applicants to the Commission.

19、1.68 Action on application for license to cover construction permit. 1.77 Detailed application procedures; cross references. MISCELLANEOUS PROCEEDINGS 1.80 Forfeiture proceedings. 1.83 Applications for radio operator li-censes. 1.85 Suspension of operator licenses. 1.87 Modification of license or co

20、nstruction permit on motion of the Commission. 1.88 Predesignation pleading procedure. 1.89 Notice of violations. 1.91 Revocation and/or cease and desist pro-ceedings; hearings. 1.92 Revocation and/or cease and desist pro-ceedings; after waiver of hearing. 1.93 Consent orders. 1.94 Consent order pro

21、cedures. 1.95 Violation of consent orders. RECONSIDERATION AND REVIEW OF ACTIONS TAKEN BY THE COMMISSION AND PURSUANT TO DELEGATED AUTHORITY; EFFECTIVE DATES AND FINALITY DATES OF ACTIONS 1.101 General provisions. 1.102 Effective dates of actions taken pursu-ant to delegated authority. 1.103 Effecti

22、ve dates of Commission actions; finality of Commission actions. 1.104 Preserving the right of review; de-ferred consideration of application for re-view. 1.106 Petitions for reconsideration. 1.108 Reconsideration on Commissions own motion. 1.110 Partial grants; rejection and designa-tion for hearing

23、. 1.113 Action modified or set aside by person, panel, or board. 1.115 Application for review of action taken pursuant to delegated authority. 1.117 Review on motion of the Commission. 1.120 Protests of grants without hearing. Subpart BHearing Proceedings GENERAL 1.201 Scope. 1.202 Official reporter

24、; transcript. 1.203 The record. 1.204 Pleadings; definition. 1.205 Continuances and extensions. 1.207 Interlocutory matters, reconsideration and review; cross references. 1.209 Identification of responsible officer in caption to pleading. 1.211 Service. PARTICIPANTS AND ISSUES 1.221 Notice of hearin

25、g; appearances. 1.223 Petitions to intervene. 1.224 Motion to proceed in forma pauperis. 1.225 Participation by non-parties; consider-ation of communications. VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00106 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFR

26、Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-97 Federal Communications Commission Pt. 1 1.227 Consolidations. 1.229 Motions to enlarge, change, or delete issues. PRESIDING OFFICER 1.241 Designation of presiding officer. 1.243 Authority of presidin

27、g officer. 1.244 Designation of a settlement judge. 1.245 Disqualification of presiding officer. PREHEARING PROCEDURES 1.246 Admission of facts and genuineness of documents. 1.248 Prehearing conferences; hearing con-ferences. 1.249 Prehearing statement. HEARING AND INTERMEDIATE DECISION 1.250 Discov

28、ery and preservation of evi-dence; cross-reference. 1.251 Summary decision. 1.253 Time and place of hearing. 1.254 Nature of the hearing; burden of proof. 1.255 Order of procedure. 1.258 Closing of the hearing. 1.260 Certification of transcript. 1.261 Corrections to transcript. 1.263 Proposed findin

29、gs and conclusions. 1.264 Contents of findings of fact and con-clusions. 1.267 Initial and recommended decisions. REVIEW PROCEEDINGS 1.271 Delegation of review function. 1.273 Waiver of initial or recommended deci-sion. 1.274 Certification of the record to the Com-mission for initial or final decisi

30、on. 1.276 Appeal and review of initial decision. 1.277 Exceptions; oral arguments. 1.279 Limitation of matters to be reviewed. 1.282 Final decision of the Commission. INTERLOCUTORY ACTIONS IN HEARING PROCEEDINGS 1.291 General provisions. 1.294 Oppositions and replies. 1.296 Service. 1.297 Oral argum

31、ent. 1.298 Rulings; time for action. APPEAL AND RECONSIDERATION OF PRESIDING OFFICERS RULING 1.301 Appeal from presiding officers inter-locutory ruling; effective date of ruling. 1.302 Appeal from presiding officers final ruling; effective date of ruling. THE DISCOVERY AND PRESERVATION OF EVIDENCE 1

32、.311 General. 1.313 Protective orders. 1.315 Depositions upon oral examination notice and preliminary procedure. 1.316 Depositions upon written interrog-atoriesnotice and preliminary proce-dure. 1.318 The taking of depositions. 1.319 Objections to the taking of deposi-tions. 1.321 Use of depositions

33、 at the hearing. 1.323 Interrogatories to parties. 1.325 Discovery and production of docu-ments and things for inspection, copying, or photographing. SUBPENAS 1.331 Who may sign and issue. 1.333 Requests for issuance of subpena. 1.334 Motions to quash. 1.335 Rulings. 1.336 Service of subpenas. 1.337

34、 Return of service. 1.338 Subpena forms. 1.339 Witness fees. 1.340 Attendance of witness; disobedience. EVIDENCE 1.351 Rules of evidence. 1.352 Cumulative evidence. 1.353 Further evidence during hearing. 1.354 Documents containing matter not ma-terial. 1.355 Documents in foreign language. 1.356 Copi

35、es of exhibits. 1.357 Mechanical reproductions as evidence. 1.358 Tariffs as evidence. 1.359 Proof of official record; authentication of copy. 1.360 Proof of lack of record. 1.361 Other proof of official record. 1.362 Production of statements. 1.363 Introduction of statistical data. 1.364 Testimony

36、by speakerphone. Subpart CRulemaking Proceedings GENERAL 1.399 Scope. 1.400 Definitions. PETITIONS AND RELATED PLEADINGS 1.401 Petitions for rulemaking. 1.403 Notice and availability. 1.405 Responses to petitions; replies. 1.407 Action on petitions. RULEMAKING PROCEEDINGS 1.411 Commencement of rulem

37、aking pro-ceedings. 1.412 Notice of proposed rulemaking. 1.413 Content of notice. 1.415 Comments and replies. 1.419 Form of comments and replies; num-ber of copies. 1.420 Additional procedures in proceedings for amendment of the FM or TV Tables of Allotments, or for amendment of cer-tain FM assignme

38、nts. 1.421 Further notice of rulemaking. VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00107 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-98 47 CFR Ch. I (101

39、10 Edition) Pt. 1 1.423 Oral argument and other proceedings. 1.425 Commission action. 1.427 Effective date of rules. 1.429 Petition for reconsideration. INQUIRIES 1.430 Proceedings on a notice of inquiry. Subpart DBroadcast Applications and Proceedings 1.502 Emergency Broadcast Authorizations. GENER

40、AL FILING REQUIREMENTS 1.511 Applications required. 1.512 Where to file; number of copies. 1.513 Who may sign applications. 1.514 Content of applications. 1.516 Specification of facilities. 1.517 Contingent applications. 1.518 Inconsistent or conflicting applica-tions. 1.519 Repetitious applications

41、. 1.520 Multiple applications. 1.522 Amendment of applications. 1.525 Agreements between parties for amendment or dismissal of, or failure to prosecute, broadcast applications. 1.526 Records to be maintained locally for public inspection by commercial appli-cants, permittees and licensees. 1.527 Rec

42、ords to be maintained locally for public inspection by noncommercial edu-cational applicants, permittees and li-censees. 1.531 Formal and informal applications. 1.533 Application forms for authority to construct a new station or make changes in an existing station. 1.534 Application for extension of

43、 construc-tion permit or for construction permit to replace expired construction permit. 1.536 Application for license to cover con-struction permit. 1.538 Application for modification of li-cense. 1.539 Application for renewal of license. 1.540 Application for voluntary assignment or transfer of co

44、ntrol. 1.541 Application for involuntary assign-ment of license or transfer of control. 1.542 Application for temporary authoriza-tion. 1.543 Application for renewal or modifica-tion of special service authorization. 1.544 Application for broadcast station to conduct field strength measurements and

45、for experimental operation. 1.545 Application for permit to deliver pro-grams to foreign countries. 1.546 Application to determine operating power by direct measurement of antenna power. 1.549 Requests for extension of authority to operate without required monitors, indi-cating instruments, and EBS

46、Attention Signal devices. 1.550 Requests for new or modified call sign assignments. 1.561 Staff consideration of applications which receive action by the Commission. 1.562 Staff consideration of applications which do not require action by the Com-mission. 1.564 Acceptance of applications. 1.566 Defe

47、ctive applications. 1.568 Dismissal of applications. 1.570 AM broadcast station applications in-volving other North American countries. 1.571 Processing AM broadcast station ap-plications. 1.572 Processing TV broadcast and trans-lator station applications. 1.573 Processing FM broadcast and trans-lat

48、or station applications. 1.574 Processing of international broadcast station applications. 1.578 Amendments to applications for re-newal, assignment or transfer of control. 1.580 Local public notice of filing of broad-cast applications. 1.584 Petitions to deny. 1.587 Procedure for filing informal ap

49、plica-tions. 1.591 Grants without hearing. 1.592 Conditional grant. 1.593 Designation for hearing. 1.594 Local public notice of designation for hearing. 1.597 Procedures on transfer and assignment applications. 1.598 Period of construction. 1.599 Forfeiture of construction permit. 1.601 Simultaneous modification and re-newal of license. 1.603 Special waiver procedure relative to applications. 1.605 Retention of applications in hearing status after designation for hearing. 1.612 A