FCC 1.1503 Revised as of December 4, 2012
Goto Year:2011 |
§ 1.1503 Proceedings covered.
(a) The EAJA applies to adversary adjudications conducted by the
Commission. These are adjudications under 5 U.S.C. 554 in which the
position of the Commission or any other agency of the United States, or
any component of an agency, is presented by an attorney or other
representative who enters an appearance and participates in the
proceeding. Any proceeding in which this Agency may fix a lawful
present or future rate is not covered by the EAJA. Proceedings to grant
or renew licenses are also excluded, but proceedings to modify,
suspend, or revoke licenses are covered if they are otherwise
(b) The Commission may designate a proceeding as an adversary
adjudication for purposes of the EAJA by so stating in an order
initiating the proceeding or designating the matter for hearing. The
Commission's failure to designate a proceeding as an adversary
adjudication shall not preclude the filing of an application by a party
who believes the proceeding is covered by the EAJA; whether the
proceeding is covered will then be an issue for resolution in
proceedings on the application.
(c) If a proceeding includes both matters covered by the EAJA and
matters specifically excluded from coverage, any awards made will
include only fees and expenses related to covered issues.
[ 47 FR 3786 , Jan. 27, 1982, as amended at 52 FR 11653 , Apr. 10, 1987]
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