§ 1.62   Operation pending action on renewal application.

   (a)(1)  Where  there  is  pending before the Commission at the time of
   expiration of license any proper and timely application for renewal of
   license with respect to any activity of a continuing nature, in accordance
   with the provisions of section 9(b) of the Administrative Procedure Act,
   such  license  shall  continue in effect without further action by the
   Commission  until  such  time  as  the  Commission  shall make a final
   determination with respect to the renewal application. No operation by any
   licensee  under  this  section  shall be construed as a finding by the
   Commission that the operation will serve the public interest, convenience,
   or necessity, nor shall such operation in any way affect or limit the action
   of the Commission with respect to any pending application or proceeding.

   (2) A licensee operating by virtue of this paragraph shall, after the date
   of expiration specified in the license, post, in addition to the original
   license, any acknowledgment received from the Commission that the renewal
   application has been accepted for filing or a signed copy of the application
   for renewal of license which has been submitted by the licensee, or in
   services other than broadcast and common carrier, a statement certifying
   that the licensee has mailed or filed a renewal application, specifying the
   date of mailing or filing.

   (b) Where there is pending before the Commission at the time of expiration
   of license any proper and timely application for renewal or extension of the
   term of a license with respect to any activity not of a continuing nature,
   the Commission may in its discretion grant a temporary extension of such
   license  pending  determination of such application. No such temporary
   extension  shall  be construed as a finding by the Commission that the
   operation of any radio station thereunder will serve the public interest,
   convenience,  or  necessity beyond the express terms of such temporary
   extension of license, nor shall such temporary extension in any way affect
   or  limit  the  action  of  the Commission with respect to any pending
   application or proceeding.

   (c) Except where an instrument of authorization clearly states on its face
   that it relates to an activity not of a continuing nature, or where the
   non-continuing nature is otherwise clearly apparent upon the face of the
   authorization, all licenses issued by the Commission shall be deemed to be
   related to an activity of a continuing nature.

   (5 U.S.C. 558)

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