§  1.229   Motions to enlarge, change, or delete issues.

   (a) A motion to enlarge, change or delete the issues may be filed by
   any party to a hearing. Except as provided for in paragraph (b) of this
   section, such motions must be filed within 15 days after the full text
   or a summary of the order designating the case for hearing has been
   published in the Federal Register.

   (b)(1) In comparative broadcast proceedings involving applicants for
   only new facilities, such motions shall be filed within 30 days of the
   release of the designation order, except that persons not named as
   parties to the proceeding in the designation order may file such
   motions with their petitions to intervene up to 30 days after
   publication of the full text or a summary of the designation order in
   the Federal Register. ( See §  1.223 of this part).

   (2) For program carriage complaints filed pursuant to §  76.1302 of
   this chapter that the Chief, Media Bureau refers to an administrative
   law judge for an initial decision, such motions shall be filed within
   15 calendar days after the deadline for submitting written appearances
   pursuant to §  1.221(h), except that persons not named as parties to
   the proceeding in the designation order may file such motions with
   their petitions to intervene up to 30 days after publication of the
   full text or a summary of the designation order in the Federal
   Register. ( See §  1.223).

   (3) Any person desiring to file a motion to modify the issues after the
   expiration of periods specified in paragraphs (a), (b)(1), and (b)(2)
   of this section shall set forth the reason why it was not possible to
   file the motion within the prescribed period. Except as provided in
   paragraph (c) of this section, the motion will be granted only if good
   cause is shown for the delay in filing. Motions for modifications of
   issues which are based on new facts or newly discovered facts shall be
   filed within 15 days after such facts are discovered by the moving
   party.

   (c) In the absence of good cause for late filing of a motion to modify
   the issues, the motion to enlarge will be considered fully on its
   merits if (and only if) initial examination of the motion demonstrates
   that it raises a question of probable decisional significance and such
   substantial public interest importance as to warrant consideration in
   spite of its untimely filing.

   (d) Such motions, opposition thereto, and replies to oppositions shall
   contain specific allegations of fact sufficient to support the action
   requested. Such allegations of fact, except for those of which official
   notice may be taken, shall be supported by affidavits of a person or
   persons having personal knowledge thereof. The failure to file an
   opposition or a reply will not necessarily be construed as an admission
   of any fact or argument contained in a pleading.

   (e) In comparative broadcast proceedings involving applicants for only
   new facilities, in addition to the showing with respect to the
   requested issue modification described in paragraph (d) of this
   section, the party requesting the enlargement of issues against an
   applicant in the proceeding shall identify those documents the moving
   party wishes to have produced and any other discovery procedures the
   moving party wishes to employ in the event the requested issue is added
   to the proceeding.

   (1) In the event the motion to enlarge issues is granted, the
   Commission or delegated authority acting on the motion will also rule
   on the additional discovery requests, and, if granted, such additional
   discovery will be scheduled to be completed within 30 days of the
   action on the motion.

   (2) The moving party may file supplemental discovery requests on the
   basis of information provided in responsive pleadings or discovered as
   a result of initial discovery on the enlarged issue. The grant or
   denial of any such supplemental requests and the timing of the
   completion of such supplemental discovery are subject to the discretion
   of the presiding judge.

   (3) The 30-day time limit for completion of discovery on enlarged
   issues shall not apply where the persons subject to such additional
   discovery are not parties to the proceeding. In such case, additional
   time will be required to afford such persons adequate notice of the
   discovery procedures being employed.

   (f) In any case in which the presiding judge or the Commission grants a
   motion to enlarge the issues to inquire into allegations that an
   applicant made misrepresentations to the Commission or engaged in other
   misconduct during the application process, the enlarged issues include
   notice that, after hearings on the enlarged issue and upon a finding
   that the alleged misconduct occurred and warrants such penalty, in
   addition to or in lieu of denying the application, the applicant may be
   liable for a forfeiture of up to the maximum statutory amount. See 47
   U.S.C. 503(b)(2)(A).

   [ 41 FR 14872 , Apr. 8, 1976, as amended at  44 FR 34947 , June 18, 1979;
    51 FR 19347 , May 29, 1986;  56 FR 792 , Jan. 9, 1991;  56 FR 25639 , June
   5, 1991;  62 FR 4171 , Jan. 29, 1997;  76 FR 60672 , Sept. 29, 2011;  76 FR 70908 , Nov. 16, 2011;  78 FR 5745 , Jan. 28, 2013]

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Presiding Officer

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