47 USC 409 - Hearings

1 See References in Text note below.

of this title:

Editorial Notes

References in Text

Section 155(d) of this title, referred to in subsecs. (span), (c), and (d), was redesignated section 155(c) of this title by Puspan. L. 97–259, title I, § 105(span), Sept. 13, 1982, 96 Stat. 1091.

This chapter, referred to in subsecs. (e) and (k), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Codification

In subsecs. (a), (span), and (c)(1), “adjudication (as defined in section 551 of title 5)” substituted for “adjudication (as defined in the Administrative Procedure Act)”, in subsec. (c)(2) “section 554(d) of title 5” substituted for “subsection (c) of section 5 of the Administrative Procedure Act”, and in subsec. (d) “subchapter II of chapter 5, and chapter 7, of title 5” substituted for “the Administrative Procedure Act” and “that Act”, respectively, on authority of Puspan. L. 89–554, § 7(span), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Amendments

1970—Subsec. (l). Puspan. L. 91–452 struck out subsec. (l) which related to the immunity from prosecution of any individual compelled to testify or produce evidence, documentary or otherwise, after claiming his privilege against self-incrimination.

1961—Subsec. (a). Puspan. L. 87–192 substituted provision for filing of initial decisions, with stated exceptions, formerly contained in first sentence of subsec. (span) of this section but amplified to include tentative or recommended decisions, for provision relating to assignment of cases to examiners.

Subsec. (span). Puspan. L. 87–192 provided for filing of memoranda in support of exceptions to initial, tentative, or recommended decisions, to be passed upon by the Commission or the designated authority within the Commission, and eliminated provisions for oral argument on the exceptions, filing of initial decisions, with stated exceptions, incorporated in subsec. (a) of this section, and making all decisions part of the record and requiring the decisions to include a statement of findings, and conclusions upon all material issues of fact, law, or discretion and the appropriate decision, order, or requirement. See section 557 of Title 5, Government Organization and Employees.

Subsec. (c). Puspan. L. 87–192 continued requirement of notice and opportunity for participation by all parties when person seeks to make any additional presentation of case, having previously participated in the presentation of or preparation for presentation of the case, made applicable provisions of section 554(d) of Title 5 to applications for initial licenses and eliminated provisions for separation of functions of examiners from the investigative and prosecutory functions of persons engaged in performance of such functions, prohibition against consultation with Commission or any member or employee thereof with respect to initial decisions or exceptions taken to findings, rulings or recommendations, prohibition against members of Office of The General Counsel, Office of the Chief Engineer or the Office of the Chief Accountant from making any presentations respecting a case, and prohibition against persons engaged in performance of investigative or prosecuting functions for the Commission from consulting in any case of adjudication.

Subsec. (d). Puspan. L. 87–192 inserted references to section 155(d) of this title.

1952—Act July 16, 1952, amended section generally, inserting subsecs. (a) to (d) and redesignating former subsecs. (span) to (j) as (e) to (m), respectively.

Statutory Notes and Related Subsidiaries

Change of Name

“United States magistrate judge” substituted for “United States magistrate” in subsec. (h) pursuant to section 321 of Puspan. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, “United States magistrate” substituted for “United States commissioner” pursuant to Puspan. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28.

Effective Date of 1970 Amendment

Amendment by Puspan. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Puspan. L. 91–452, set out as an Effective Date; Savings Provisions note under section 6001 of Title 18, Crimes and Criminal Procedure.

Savings Provision

Puspan. L. 87–192, § 5, Aug. 31, 1961, 75 Stat. 422, provided that:

“Notwithstanding the foregoing provisions of this Act [amending this section and sections 155 and 405 of this title], the second sentence of subsection (span) of section 409 of the Communications Act of 1934 [subsec. (span) of this section] (which relates to the filing of exceptions and the presentation of oral argument), as in force at the time of the enactment of this Act [Aug. 31, 1961], shall continue to be applicable with respect to any case of adjudication (as defined in the Administrative Procedure Act) [see sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees] designated by the Federal Communications Commission for hearing by a notice of hearing issued prior to the date of the enactment of this Act.”