Radio annual (1941)

* * * Federal Communications Commission * * * and the Commission has, after hearing or default, denied the application or dismissed it with prejudice, the Commission will not consider a like application involving service of the same kind to the same area by the same applicant, or by his successor or assignee, or on behalf of or for the benefit of the original parties in interest, until after the lapse of twelve months from the effective date of the Commission's order: Provided, however, That the Commission may waive the requirements of this rule in situations effecting safety of life or property. Pending appeals. Where an appeal has been taken from the action of the Commission in denying a particular applicant another application for the same class of broadcast station and for the same area, in whole or in part, filed by the same applicant or by his successor or assignee, or on behalf or for the benefit of the original parties in interest, will not be considered until the final disposition of such appeal. Action on Applications Partial grants. Where any application is granted in part, or with any privileges, terms, or conditions other than those requested, without a hearing thereon, the action of the Commission shall be considered as granting such application unless the applicant shall, within twenty days from the date on which public announcement of such grant is made, or from its effective date if a later date is specified, file with the Commission a written request for a hearing with respect to the part, or with respect to the privileges, terms, or conditions, not granted. Upon receipt of such request, the Commission will vacate its original action upon the application and set the application for hearing in the same manner as other applications are set for hearing, and the applicant and other parties in interest will be notified thereof. Designation for hearing. In cases where an application for radio facilities is proper upon its face but the Commission is unable to determine upon examination of the same that the granting of such application either in whole or in part, would serve public interest, convenience or necessity, the Commission will designate the same for hearing and the following procedure will govern it: (a) The Secretary shall forthwith mail a written notice to the applicant setting forth the action of the Commission designating the application for hearing, together with such statement of the Commission's reasons therefor as shall be appropriate to the nature of the application. (b) In order to avail himself of the opportunity to be heard the applicant in person or by his attorney shall, within fifteen days of the mailing of the notice of designation for hearing by the Secretary, file with the Commission one additional copy of the application and all papers incorporated as a part thereof and a written appearance, stating that he will appear and present evidence on the issues specified in the statement of reasons furnished by the Commission on such date as may be fixed for the hearing. Answers to Notices of Violation Under Title III of the Act. Any licensee receiving official notice of a violation of the terms of the Communications Act of 1934, any legislative act, Executive Order, treaty to which the United States is a party, or the Rules and Regulations of the Federal Communications Commission, shall, within three days from such receipt, send a written answer direct to the Federal Communications Commission at Washington, D. C, and a copy thereof to the office of the Commission originating the official notice when the originating office is other than the office of the Commission in Washington, D. C; Provided, however, That if an answer cannot be sent nor an acknowledgment made within such three-day period by reason of illness or other unavoidable circumstances, acknowledgment and answer shall be made at the earliest practicable date with a satisfactory explanation of the delay. The answer to each notice shall be complete in itself and shall not be abbreviated by reference to other communications or answers to other notices. If the notice relates to some violation that may be due to the physical or electrical characteristics of transmitting apparatus, the answer shall state fully what steps, if any, are taken to prevent future violations, and if any new apparatus is to be installed, the date such apparatus was ordered, the name of the manufacturer, and promised date of delivery. If the installation of such apparatus requires a construction permit, the file number of the application shall be given, or if a file number has not been assigned by the Commission, such identification as will 234