§  1.89   Notice of violations.

   (a) Except in cases of willfulness or those in which public health,
   interest, or safety requires otherwise, any person who holds a license,
   permit or other authorization appearing to have violated any provision
   of the Communications Act or any provision of this chapter will, before
   revocation, suspension, or cease and desist proceedings are instituted,
   be served with a written notice calling these facts to his or her
   attention and requesting a statement concerning the matter. FCC Form
   793 may be used for this purpose. The Notice of Violation may be
   combined with a Notice of Apparent Liability to Monetary Forfeiture. In
   such event, notwithstanding the Notice of Violation, the provisions of
   §  1.80 apply and not those of §  1.89.

   (b) Within 10 days from receipt of notice or such other period as may
   be specified, the recipient shall send a written answer, in duplicate,
   directly to the Commission office originating the official notice. If
   an answer cannot be sent or an acknowledgment cannot be made within
   such 10-day period by reason of illness or other unavoidable
   circumstance, acknowledgment and answer shall be made at the earliest
   practicable date with a satisfactory explanation of the delay.

   (c) The answer to each notice shall be complete in itself and shall not
   be abbreviated by reference to other communications or answers to other
   notices. In every instance the answer shall contain a statement of
   action taken to correct the condition or omission complained of and to
   preclude its recurrence. In addition:

   (1) If the notice relates to violations that may be due to the physical
   or electrical characteristics of transmitting apparatus and any new
   apparatus is to be installed, the answer shall state the date such
   apparatus was ordered, the name of the manufacturer, and the promised
   date of delivery. If the installation of such apparatus requires a
   construction permit, the file number of the application shall be given,
   or if a file number has not been assigned by the Commission, such
   identification shall be given as will permit ready identification of
   the application.

   (2) If the notice of violation relates to lack of attention to or
   improper operation of the transmitter, the name and license number of
   the operator in charge (where applicable) shall be given.

   [ 48 FR 24890 , June 3, 1983]

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