riod is 10 days or less, the request shall be made within 2 business days after the period begins to run. Where the filing period is more than 10 days, the request shall be filed at least 10 days before the filing date. (See § 1.4.) If a timely request is made, the pleading need not be filed earlier than two business days after the Commission acts upon the request.

§ 1.49 Specifications as to pleadings and

documents.

All pleadings and documents (except printed briefs) filed in any proceeding shall, unless otherwise specifically provided, be on paper either 8 by 10% or 14 inches or 81⁄2 by 11, 13 or 14 inches, with left-hand margin not less than 12 inches wide. This requirement shall not apply to original documents, or admissible copies thereof, offered as exhibits or to specially prepared exhibits. The impression shall be on one side of the paper only and shall be double-spaced, except that long quotations shall be single spaced and indented. All papers, except charts and maps, shall be typewritten or prepared by mechanical processing methods, other than letterpress or printing. The foregoing shall not apply to official publications. All copies must be clearly legible.

§ 1.50

Specifications as to briefs.

Briefs may be printed, typewritten, mimeographed, multigraphed, or multilithed. Printed briefs shall be in 10- or 12-point type, on good unglazed paper, 5% inches wide by 9 inches long, with inside margin not less than 11⁄2 inches wide, and with double spaced text and single spaced quotations. Typewritten, mimeographed, multigraphed, or multilithed briefs shall conform to the specifications for pleadings and documents set forth in § 1.49.

§ 1.51 Number of copies of pleadings, briefs, and other documents.

(a) Except in rule making proceedings (§ 1.419), or with regard to interlocutory matters acted on by the Review Board, the Chief Hearing Examiner, or the Presiding Officer (§ 1.292), or as otherwise specifically provided in this chapter, an original and 19 copies of all pleadings, briefs, and other documents required or permitted to be filed shall be furnished the Commission.

(b) When service of any document is made by the Commission, an additional

copy of that document shall be filed for each party to the proceeding.

§ 1.52

Subscription and verification.

The original of all petitions, motions, pleadings, briefs, and other documents filed by any party represented by counsel, shall be signed by at least one attorney of record in his individual name, whose address shall be stated. Copies

should be conformed. A party who is not represented by an attorney shall sign and verify the document and state his address. Except when otherwise specifically provided by rule or statute, documents signed by the attorney for a party need not be verified or accompanied by affidavit. The signature of an attorney constitutes a certificate by him that he has read the document; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. If the original of a document is not signed or is signed with intent to defeat the purpose of this section, it may be stricken as sham and false, and the matter may proceed as though the document had not been filed. An attorney may be subjected to appropriate disciplinary action, pursuant to § 1.24, for a willful violation of this rule or if scandalous or indecent matter is inserted.

GENERAL APPLICATION PROCEDURES

§ 1.61 Procedures for handling applications requiring special aeronautical study.

(a) All antenna surveys are conducted by the Antenna Survey Branch of the Engineering and Facilities Division, Field Engineering Bureau.

(b) Each operating bureau or office examines the applications for which it is responsible to ascertain whether or not antenna consideration is required. If such consideration is required, the antenna data is furnished to the Antenna Survey Branch.

(c) The Antenna Survey Branch then ascertains whether applicant is required to submit a "Notice of Proposed Construction or Alteration" (form FAA-117) to the Federal Aviation Administration.

(d) If form FAA-117 is not required, the application and appropriate antenna painting and lighting specifications are returned to the originating bureau or office for such further action as is necessary.

(e) If form FAA-117 is required, the originating bureau or office will be so advised. Unless the application includes a statement that form FAA-117 has been submitted to the Federal Aviation Administration, the originating bureau or office will notify the applicant to do so.

(f) Upon receipt of a report from the Federal Aviation Administration approving a proposed antenna, the Antenna Survey Branch prescribes antenna tower painting and lighting specifications or other conditions in accordance with the provisions of Part 17 of this chapter and forwards this information to the originating bureau or office. If the proposed tower is disapproved, a report of the disapproval is forwarded to the originating bureau or office.

(g) Where one or more antenna farm areas have been designated for a community or communities (see § 17.9 of this chapter), an application for a construction permit proposing the erection of an antenna structure over 1,000 feet in height above ground to serve such community or communities will not be accepted for filing unless:

(1) It is proposed to locate the antenna structure in a designated antenna farm area, or

(2) It is accompanied by a statement from the Federal Aviation Administration that the proposed structure will not constitute a menace to air navigation, or

(3) It is accompanied by a request for waiver setting forth reasons sufficient, if true, to justify such a waiver.

NOTE: By Commission Order (FCC 65-455), 30 F.R. 7419, June 5, 1965, the Commission issued the following policy statement concerning the height of radio and television antenna towers:

"We have concluded that this objective can best be achieved by adopting the following policy: Applications for antenna towers higher than 2,000 feet above ground will be presumed to be inconsistent with the public interest, and the applicant will have a burden of overcoming that strong presumption. The applicant must accompany its application with a detailed showing directed to meeting this burden. Only in the exceptional case, where the Commission concludes that a clear and compelling showing has been made that there are public interest reasons requiring a tower higher than 2,000 feet above ground, and after the parties have complied with applicable FAA procedures, and full Commission coordination with FAA on the question of menace to air navigation, will a grant be

made. Applicants and parties in interest will, of course, be afforded their statutory hearing rights."

[28 F.R. 12415, Nov. 22, 1963, as amended at 32 F.R. 8813, June 21, 1967; 32 F.R. 20860, Dec. 28, 1967]

§ 1.62 Operation pending action on renewal application.

(a) (1) Where there is pending before the Commission at the time of expiration of license any proper and timely application for renewal of license with respect to any activity of a continuing nature, in accordance with the provisions of section 9 (b) of the Administrative Procedure Act, such license shall continue in effect without further action by the Commission until such time as the Commission shall make a final determination with respect to the renewal application. No operation by any licensee under this section shall be construed as a finding by the Commission that the operation will serve the public interest, convenience, or necessity, nor shall such operation in any way affect or limit the action of the Commission with respect to any pending application or proceeding.

(2) A licensee operating by virtue of this paragraph shall, after the date of expiration specified in the license, post, in addition to the original license, any acknowledgment received from the Commission that the renewal application has been accepted for filing or a signed copy of the application for renewal of license which has been submitted by the licensee, or in services other than broadcast and common carrier, a statement certifying that the licensee has mailed or filed a renewal application, specifying the date of mailing or filing.

(b) Where there is pending before the Commission at the time of expiration of license any proper and timely application for renewal or extension of the term of a license with respect to any activity not of a continuing nature, the Commission may in its discretion grant a temporary extension of such license pending determination of such application. No such temporary extension shall be construed as a finding by the Commission that the operation of any radio station thereunder will serve the public interest, convenience, or necessity beyond the express terms of such temporary extension of license, nor shall such temporary extension in any way affect or limit the action of the Commission with respect to any pending application or proceeding.

(c) Except where an instrument of authorization clearly states on its face that it relates to an activity not of a continuing nature, or where the non-continuing nature is otherwise clearly apparent upon the face of the authorization, all licenses issued by the Commission shall be deemed to be related to an activity of a continuing nature. (5 U.S.C. 558)

§ 1.65 Substantial and significant changes in information furnished by applicants to the Commission.

Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application. When

ever the information furnished in the pending application is no longer substantially accurate and complete in all significant respects, the applicant shall as promptly as possible and in any event within 30 days, unless good cause is shown, amend or request the amendment of his application so as to furnish such additional or corrected information as may be appropriate. Whenever there has been a substantial change as to any other matter which may be of decisional significance in a Commission proceeding involving the pending application, the applicant shall as promptly as possible and in any event within 30 days, unless good cause is shown, submit a statement furnishing such additional or corrected information as may be appropriate, which shall be served upon parties of record in accordance with § 1.47. Where the matter is before any court for review, statements and requests to amend shall in addition be served upon the Commission's General Counsel. For the purposes of this section, an application is "pending" before the Commission from the time it is accepted for filing by the Commission until a Commission grant or denial of the application is no longer subject to reconsideration by the Commission or to review by any court. [29 F.R. 15518, Nov. 19, 1964]

have been fully met, and that no cause or circumstance arising or first coming to the knowledge of the Commission since the granting of the permit would, in the judgment of the Commission, make the operation of such station against the public interest.

(b) In the event the Commission is unable to make the findings in paragraph (a) of this section, the Commission will designate the application for hearing upon specified issues.

(Sec. 319, 48 Stat. 1089, as amended; 47 U.S.C. 319)

§ 1.70 Procedures for handling applications involving the use of certain lands and reservations under the jurisdiction of the U.S. Government.

(a) Any application proposing new or modified transmitting facilities to be located on land under the jurisdiction of the U.S. Forest Service or the Bureau of Land Management shall include a statement that the facilities will be so located. The applicant shall certify that a proper application for a land use permit has been filed with the agency involved on the form prescribed by that agency. Except for applications filed pursuant to Part 73 of this chapter, the applicant shall certify on his application with the Commission that notification has been received from the land agency indicating that, subject to the Commission's determination concerning electromagnetic compatibility, the site in question is available. With respect to applications filed pursuant to Part 73 of this chapter, final consideration of the application will be withheld pending receipt of a certification from the applicant concerning availability of the proposed site. All certifications concerning site availability shall include the date of the notification from the land agency and shall identify the land office from which the notification was sent.

(b) Following notification to the applicant that, subject to the Commission's determination concerning electromagnetic compatibility, the proposed antenna site is available, the appropriate Government agency will, consistent with agreement between the Commission and the Director of Telecommunications Management, proceed as follows:

(1) If there are no existing radio users of, or applicants for, the site, notify the Commission to this effect;

(2) If there are existing user(s) or applicant(s), send a notice containing the

relevant technical parameters of the proposed new or modified transmitting facilities to all existing users of and applicants for the site in question and simultaneously furnish the Commission with a list of all such users and applicants together with a copy of the aforementioned notice.

(c) Any existing user of the site, or applicant therefor, may, within 30 days after the date of the notice sent by the appropriate land use agency, file comments concerning the proposed new or modified installation with the Commission, with copies to the applicant and to the land use agency. These comments shall include relevant technical data and an engineering analysis establishing and evaluating the proximity interference expected in either or both directions, together with an explanation of any technical measures that may be taken to eliminate or minimize the expected interference.

(d) Within 30 days from the last day for filing comments the applicant shall furnish to the Commission a competent engineering analysis of, and comments on, each objection received, together with a clear indication of the measures that the applicant is prepared to take to eliminate or minimize the expected interference.

(e) If no objections based on electromagnetic compatibility problems are received within 30 days after the notice has been sent by the appropriate land use agency, the application will be processed by the Commission in the normal manner. Should data be received indicating technical objections to the proposed installation or modification, the Commission will determine, through appropriate procedures, the validity of such objections. These procedures may include issuance of a special temporary authorization for a relatively short period of time to test the technical feasibility of the proposed operation. The Commission will then determine whether the application should be granted, and, if so, what operating conditions should be imposed. In general, the responsibility for correcting proximity interference will be upon the applicant. Any user affected, however, will be expected to extend all reasonable cooperation in reaching a satisfactory solution. some cases, this may involve adjustments on the part of existing users.

In

(f) Upon issuance of a station authorization, which may be restricted to re

flect conditions imposed by the Commission, the applicant may then obtain a final site permit from the U.S. Forest Service, U.S. Department of Agriculture, or the Bureau of Land Management, U.S. Department of the Interior.

[32 F.R. 2890, Feb. 15, 1967]

§ 1.77 Detailed application procedures; cross references.

The application procedures set forth in 88 1.61-1.68 are general in nature. More detailed procedures are set forth in this chapter as follows:

(a) Rules governing applications for authorizations in the Broadcast Radio Services are set forth in Subpart D of this part.

(b) Rules governing applications for authorizations in the Common Carrier Radio Services are set forth in Subpart E of this part.

(c) Rules governing applications for authorizations in the Safety and Special Radio Services are set forth in Subpart F of this part.

(d) Rules governing applications for authorizations in the Experimental Radio Services (other than broadcast) are set forth in Part 5 of this chapter.

(e) Rules governing applications for authorizations in the Domestic Public Radio Services are set forth in Part 21 of this chapter.

(f) Rules governing applications for authorizations in the Industrial, Scientific, and Medical Service are set forth in Part 18 of this chapter.

(g) Rules governing applications for type approval and type acceptance of equipment are set forth in Part 2, Subpart F, of this chapter.

(h) Rules governing applications for operator licenses and permits are set forth in §§ 1.83 and 1.84 of this chapter. MISCELLANEOUS PROCEEDINGS

any radio station (and, in certain indicated categories, the person operating such station) other than broadcast stations licensed under part 73 or part 74 of this chapter and stations governed by the provisions of Part II or Part III of Title III, or section 507, of the Communications Act of 1934, as amended. For purposes of this section, the term "radio operator" means any person who transmits over a radio station whether or not such person holds a radio operator license issued by the Commission.

(c) Categories of offenses creating liability. The categories of offenses for which forfeitures shall attach hereunder are set forth as follows (categories (2), (3), (5), and (6) apply both to the station licensee and the radio operator; the remaining categories apply only to the station licensee):

(1) Operation of a radio station by any person not holding a valid radio operator license or permit of the class prescribed by the provisions in this chapter for the operation of such station.

(2) Operation of a radio station without identifying such station at the times and in the manner prescribed by the provisions in this chapter for such station.

(3) Transmission of a false call sign or of a false distress call or message in violation of the provisions in this chapter.

(4) Operation of a radio station on a frequency not authorized by the Commission for use by such station, including operation with a frequency deviation beyond frequency tolerances authorized by the provisions in this chapter.

(5) Transmission of unauthorized communications on any frequency designated by the provisions in this chapter as a distress frequency or a calling frequency.

(6) Operation of a radio station so as to interfere, in violation of the provisions in this chapter, with any distress call or distress communication.

(7) Failure to attenuate spurious emissions of a radio station to the extent required by the provisions in this chapter applicable to such station.

(8) Operation of a radio station with power in excess of that authorized by the Commission for the particular station.

(9) Use of a radio station to render a communication service, including the transmission of communications not permitted by the provisions in this chapter,

which is not authorized by the Commission for the particular station.

(10) Operation of a radio station with a type of emission not authorized by the Commission for the particular station.

(11) Operation of a radio station with transmitting equipment not authorized by the Commission for the particular station.

(12) Failure to respond to a written official communication from the Commission.

(d) Time limitation on forfeiture liability. A station licensee or radio operator is not subject to forfeiture liability for any offense which occurred more than 90 days prior to the day on which a notice of apparent liability (see paragraph (f) of this section) describing that offense is mailed. Such prior offenses may, however, be cited in a notice of apparent liability for the purposes of establishing the willfulness or the repetitiveness of offenses committed within such 90 day period.

(e) Forfeiture amounts and limitations. For each separate offense hereunder, the licensee of the radio station involved shall, in addition to any other penalty prescribed by law, forfeit to the United States a sum not to exceed $100. For each separate offense coming within the provisions of subparagraphs (2), (3), (5), or (6) of paragraph (c) of this section, the radio operator, if he be a different person from the station licensee, shall, in addition to any other penalty prescribed by law, forfeit to the United States a sum not to exceed $100. However, in the event of multiple offenses within 90 days prior to the date of notice of apparent liability, the following limitations on total monetary liability shall govern. For all offenses, regardless of the total number, coming within any one category of offense listed in paragraph (c) of this section, the maximum forfeiture liability shall be $100. Furthermore, for all offenses, regardless of the total number, coming within more than one of the categories of offenses listed in paragraph (c) of this section, the maximum forfeiture liability for a radio station licensee shall be $500, and the maximum forfeiture liability for a radio operator shall be $400.

(f) Notice of apparent liability. Whenever it appears that a station licensee and/or a radio operator willfully or repeatedly has committed an offense or offenses within those categories listed