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47 U.S.C. § 405 — Petition 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
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section155/c/1&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section155/c/1&num=0&edition=prelim), 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 with
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Source file: Laws/federal/codes/united-states-code/title-47/section-405-petition-for-reconsideration-procedure-disposition-time-of-filing-additi--0a8550a405.md
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Source location: Title 47, Chapter 5, § 405; chapter-005-wire-or-radio-communication.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section155/c/1&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section155/c/1&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section402/a&num=0&edition=prelim) applies, or within which an appeal must be taken under [section 402(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section402/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section204/a&num=0&edition=prelim) or concluding an investigation under [section 208(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section208/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section402/a&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Chairman; duties; vacancy** The member of the Commission designated by the President as chairman shall be the chief executive officer of the Commission. It shall be his duty to preside at all meetings and sessions of the Commission, to represent the Commission in all matters relating to legislation and legislative reports, except that any commissioner may present his own or minority views or supplemental reports, to represent the Commission in all matters requiring conferences or communications with other governmental officers, departments or agencies, and generally to coordinate and organize the work of the Commission in such manner as to promote prompt and efficient disposition of all matters within the jurisdiction of the Commission. In the case of a vacancy in the office of the chairman of the Commission, or the absence or inability of the chairman to serve, the Commission may temporarily designate one of its members to act as chairman until the cause or circumstance requiring such designation shall have been eliminated or corrected.
**(b) Organization of staff** From time to time as the Commission may find necessary, the Commission shall organize its staff into (1) integrated bureaus, to function on the basis of the Commission’s principal workload operations, and (2) such other divisional organizations as the Commission may deem necessary. Each such integrated bureau shall include such legal, engineering, accounting, administrative, clerical, and other personnel as the Commission may determine to be necessary to perform its functions.
**(c) Delegation of functions; exceptions to initial orders; force, effect and enforcement of orders; administrative and judicial review; qualifications and compensation of delegates; assignment of cases; separation of review
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 155
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Considerations in granting application** Subject to the provisions of this section, the Commission shall determine, in the case of each application filed with it to which [section 308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section308&num=0&edition=prelim) applies, whether the public interest, convenience, and necessity will be served by the granting of such application, and, if the Commission, upon examination of such application and upon consideration of such other matters as the Commission may officially notice, shall find that public interest, convenience, and necessity would be served by the granting thereof, it shall grant such application.
**(b) Time of granting application** Except as provided in subsection (c) of this section, no such application—
(1) for an instrument of authorization in the case of a station in the broadcasting or common carrier services, or
(2) for an instrument of authorization in the case of a station in any of the following categories:
(A) industrial radio positioning stations for which frequencies are assigned on an exclusive basis,
(B) aeronautical en route stations,
(C) aeronautical advisory stations,
(D) airdrome control stations,
(E) aeronautical fixed stations, and
(F) such other stations or classes of stations, not in the broadcasting or common carrier services, as the Commission shall by rule prescribe,
shall be granted by the Commission earlier than thirty days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereof.
**(c) Applications not affected by subsection (b)** Subsection (b) of this section shall not apply—
(1) to any minor amendment of an application to which such
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 309
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Federal law — U.S. Code and appendices · legal_authorities
Page 255
TITLE 47—TELECOMMUNICATIONS
§ 405
EFFECTIVE DATE OF 1952 AMENDMENT
Section 19(2) of act July 16, 1952, provided that: ‘‘The
amendments made by this Act to section 402 of the
Communications Act of 1934 [this section] (relating to
judicial review of orders and decisions of the Commis-
sion) shall not apply with respect to any action or ap-
peal which is pending before any court on the date of
enactment of this Act [July 16, 1952].’’
ADMINISTRATIVE ORDERS REVIEW ACT
Court of appeals exclusive jurisdiction respecting
final orders of Federal Communications Commission
made reviewable by subsec. (a) of this section, see sec-
tion 2342 of Title 28, Judiciary and Judicial Procedure.
§ 403. Inquiry by Commission on its own motion
The Commission shall have full authority and
power at any time to institute an inquiry, on its
own motion, in any case and as to any matter or
thing concerning which complaint is authorized
to be made, to or before the Commission by any
provision of this chapter, or concerning which
any question may arise under any of the provi-
sions of this chapter, or relating to the enforce-
ment of any of the provisions of this chapter.
The Commission shall have the same powers and
authority to proceed with any inquiry instituted
on its own motion as though it had been ap-
pealed to by complaint or petition under any of
the provisions of this chapter, including the
power to make and enforce any order or orders
in the case, or relating to the matter or thing
concerning which the inquiry is had, excepting
orders for the payment of money.
(June 19, 1934, ch. 652, title IV, § 403, 48 Stat.
1094.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act June 19, 1934, ch. 652
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