§ 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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