§ 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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