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47 U.S.C. § 405Petition for reconsideration; procedure; disposition; time of filing; additional evidence; time for disposition of petition for reconsideration of order concluding hearing or investigation; appeal of order

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 523 words · no verdicts yet

in plain englishAI-generated · not legal advice

After the FCC issues an order or decision, an affected party may ask for reconsideration. The petition must be filed within thirty days, and it does not pause enforcement of the order. The Commission must rule on the petition, generally within ninety days for hearing or investigation orders.

(a) After the Federal Communications Commission — or another authority the Commission has delegated power to under section 155(c)(1) — makes an order, decision, report, or takes an action in a proceeding, any party to that proceeding may ask for reconsideration. So can any other person who is hurt by it or whose interests are harmed by it. The request goes only to whichever authority made the original order, decision, report, or action. That authority may grant reconsideration if it decides there is a good enough reason. A petition for reconsideration must be filed within thirty days after public notice of the order, decision, report, or action. Filing a petition does not excuse anyone from obeying the order, decision, report, or action, and it does not pause or delay enforcement — unless the Commission specially orders otherwise. Filing a petition for reconsideration is not required before going to court for judicial review, except in two situations: (1) the person seeking review was not a party to the original proceeding, or (2) the person relies on facts or legal questions the Commission never had a chance to consider. The Commission, or the authority it delegated power to, must issue an order — with a short written explanation — either denying the petition or granting it in whole or in part, and ordering any further proceedings needed. But if the petition concerns an authorization granted without a hearing, the Commission must act within ninety days of the petition being filed. Reconsiderations follow general rules the Commission sets. But no new evidence can be considered on reconsideration, except newly discovered evidence, evidence that became available only after the original proceeding, or evidence the Commission believes should have been part of the original proceeding. The time limit for filing a petition for review under section 402(a), or an appeal under section 402(b), is counted from the date the Commission gives public notice of the order, decision, report, or action. (b)(1) Within 90 days of receiving a petition for reconsideration of an order that concluded a hearing under section 204(a) or an investigation under section 208(b), the Commission must issue an order granting or denying the petition. (b)(2) That order is final and can be appealed under section 402(a).
the actual law source: uscode.house.gov ↗public domain
(a)

After an order, decision, report, or action has been made or taken in any proceeding by the Commission, or by any designated authority within the Commission pursuant to a delegation under section 155(c)(1) of this title, any party thereto, or any other person aggrieved or whose interests are adversely affected thereby, may petition for reconsideration only to the authority making or taking the order, decision, report, or action; and it shall be lawful for such authority, whether it be the Commission or other authority designated under section 155(c)(1) of this title, in its discretion, to grant such a reconsideration if sufficient reason therefor be made to appear. A petition for reconsideration must be filed within thirty days from the date upon which public notice is given of the order, decision, report, or action complained of. No such application shall excuse any person from complying with or obeying any order, decision, report, or action of the Commission, or operate in any manner to stay or postpone the enforcement thereof, without the special order of the Commission. The filing of a petition for reconsideration shall not be a condition precedent to judicial review of any such order, decision, report, or action, except where the party seeking such review (1) was not a party to the proceedings resulting in such order, decision, report, or action, or (2) relies on questions of fact or law upon which the Commission, or designated authority within the Commission, has been afforded no opportunity to pass. The Commission, or designated authority within the Commission, shall enter an order, with a concise statement of the reasons therefor, denying a petition for reconsideration or granting such petition, in whole or in part, and ordering such further proceedings as may be appropriate: Provided, That in any case where such petition relates to an instrument of authorization granted without a hearing, the Commission, or designated authority within the Commission, shall take such action within ninety days of the filing of such petition. Reconsiderations shall be governed by such general rules as the Commission may establish, except that no evidence other than newly discovered evidence, evidence which has become available only since the original taking of evidence, or evidence which the Commission or designated authority within the Commission believes should have been taken in the original proceeding shall be taken on any reconsideration. The time within which a petition for review must be filed in a proceeding to which section 402(a) of this title applies, or within which an appeal must be taken under section 402(b) of this title in any case, shall be computed from the date upon which the Commission gives public notice of the order, decision, report, or action complained of.

(b)
(1)

Within 90 days after receiving a petition for reconsideration of an order concluding a hearing under section 204(a) of this title or concluding an investigation under section 208(b) of this title, the Commission shall issue an order granting or denying such petition.

(2)

Any order issued under paragraph (1) shall be a final order and may be appealed under section 402(a) of this title.

Source credit: (June 19, 1934, ch. 652, title IV, § 405, 48 Stat. 1095; July 16, 1952, ch. 879, § 15, 66 Stat. 720; Pub. L. 86–752, § 4(c), Sept. 13, 1960, 74 Stat. 892; Pub. L. 87–192, § 3, Aug. 31, 1961, 75 Stat. 421; Pub. L. 97–259, title I, §§ 122, 127(c), Sept. 13, 1982, 96 Stat. 1097, 1099; Pub. L. 100–594, § 8(d), Nov. 3, 1988, 102 Stat. 3023.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1095
  • 1952Amended · Act of July 16, 1952, ch. 879 · 66 Stat. 720
  • 1960Amended · Pub. L. 86-752 · 74 Stat. 892
  • 1961Amended · Pub. L. 87-192 · 75 Stat. 421
  • 1982Amended · Pub. L. 97-259 · 96 Stat. 1097, 1099
  • 1988Amended · Pub. L. 100-594 · 102 Stat. 3023

A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1934-06-19.

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