§  1.87   Modification of license or construction permit on motion of the
Commission.

   (a) Whenever it appears that a station license or construction permit
   should be modified, the Commission shall notify the licensee or
   permittee in writing of the proposed action and reasons therefor, and
   afford the licensee or permittee at least thirty days to protest such
   proposed order of modification, except that, where safety of life or
   property is involved, the Commission may by order provide a shorter
   period of time.

   (b) The notification required in paragraph (a) of this section may be
   effectuated by a notice of proposed rulemaking in regard to a
   modification or addition of an FM or television channel to the Table of
   Allotments (§ § 73.202 and 73.504 of this chapter) or Table of
   Assignments (§ 73.606 of this chapter). The Commission shall send a copy
   of any such notice of proposed rulemaking to the affected licensee or
   permittee by email. For modifications involving Wireless Radio
   Services, the Commission shall notify the licensee or permittee by
   email of the proposed action and reasons therefor, and afford the
   licensee or permittee at least thirty days to protest such proposed
   order of modification, except that:

   (1) Where safety of life or property is involved, the Commission may by
   order provide a shorter period of time; and

   (2) Where the notification required in paragraph (a) of this section is
   effectuated by publication in the Federal Register, the Commission
   shall afford the licensee or permittee at least thirty days after
   publication in the Federal Register to protest such proposed order of
   modification.

   (c) Any other licensee or permittee who believes that its license or
   permit would be modified by the proposed action may also protest the
   proposed action before its effective date.

   (d) Any protest filed pursuant to this section shall be subject to the
   requirements of section 309 of the Communications Act of 1934, as
   amended, for petitions to deny.

   (e) In any case where a hearing proceeding is conducted pursuant to the
   provisions of this section, both the burden of proceeding with the
   introduction of evidence and the burden of proof shall be upon the
   Commission except that, with respect to any issue that pertains to the
   question of whether the proposed action would modify the license or
   permit of a person filing a protest pursuant to paragraph (c) of this
   section, such burdens shall be as described by the Commission.

   (f) In order to use the right to a hearing and the opportunity to give
   evidence upon the issues specified in any order designating a matter
   for hearing, any licensee, or permittee, itself or by counsel, shall,
   within the period of time as may be specified in that order, file with
   the Commission a written appearance stating that it will present
   evidence on the matters specified in the order and, if required, appear
   before the presiding officer at a date and time to be determined.

   (g) The right to file a protest or the right to a hearing proceeding
   shall, unless good cause is shown in a petition to be filed not later
   than 5 days before the lapse of time specified in paragraph (a) or (f)
   of this section, be deemed waived:

   (1) In case of failure to timely file the protest as required by
   paragraph (a) of this section or a written statement as required by
   paragraph (f) of this section.

   (2) In case of filing a written statement provided for in paragraph (f)
   of this section but failing to appear at the hearing, either in person
   or by counsel.

   (h) Where the right to file a protest or have a hearing is waived, the
   licensee or permittee will be deemed to have consented to the
   modification as proposed and a final decision may be issued by the
   Commission accordingly. Irrespective of any waiver as provided for in
   paragraph (g) of this section or failure by the licensee or permittee
   to raise a substantial and material question of fact concerning the
   proposed modification in his protest, the Commission may, on its own
   motion, designate the proposed modification for hearing in accordance
   with this section.

   (i) Any order of modification issued pursuant to this section shall
   include a statement of the findings and the grounds and reasons
   therefor, shall specify the effective date of the modification, and
   shall be served on the licensee or permittee.

   [ 52 FR 22654 , June 15, 1987, as amended at  85 FR 63172 , Oct. 6, 2020;
    85 FR 85529 , Dec. 29, 2020]