§ 405. — Petition for reconsideration; procedure; disposition; time of filing; additional evidence; time for disposition of petition for reconsideration of order concluding hearing or investigation; appeal of order.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC405]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER IV--PROCEDURAL AND ADMINISTRATIVE PROVISIONS
Sec. 405. Petition for reconsideration; procedure; disposition;
time of filing; additional evidence; time for disposition of
petition for reconsideration of order concluding hearing or
investigation; appeal of order
(a) After an order, decision, report, or action has been made or
taken in any proceeding by the Commission, or by any designated
authority within the Commission pursuant to a delegation under section
155(c)(1) of this title, any party thereto, or any other person
aggrieved or whose interests are adversely affected thereby, may
petition for reconsideration only to the authority making or taking the
order, decision, report, or action; and it shall be lawful for such
authority, whether it be the Commission or other authority designated
under section 155(c)(1) of this title, in its discretion, to grant such
a reconsideration if sufficient reason therefor be made to appear. A
petition for reconsideration must be filed within thirty days from the
date upon which public notice is given of the order, decision, report,
or action complained of. No such application shall excuse any person
from complying with or obeying any order, decision, report, or action of
the Commission, or operate in any manner to stay or postpone the
enforcement thereof, without the special order of the Commission. The
filing of a petition for reconsideration shall not be a condition
precedent to judicial review of any such order, decision, report, or
action, except where the party seeking such review (1) was not a party
to the proceedings resulting in such order, decision, report, or action,
or (2) relies on questions of fact or law upon which the Commission, or
designated authority within the Commission, has been afforded no
opportunity to pass. The Commission, or designated authority within the
Commission, shall enter an order, with a concise statement of the
reasons therefor, denying a petition for reconsideration or granting
such petition, in whole or in part, and ordering such further
proceedings as may be appropriate: Provided, That in any case where such
petition relates to an instrument of authorization granted without a
hearing, the Commission, or designated authority within the Commission,
shall take such action within ninety days of the filing of such
petition. Reconsiderations shall be governed by such general rules as
the Commission may establish, except that no evidence other than newly
discovered evidence, evidence which has become available only since the
original taking of evidence, or evidence which the Commission or
designated authority within the Commission believes should have been
taken in the original proceeding shall be taken on any reconsideration.
The time within which a petition for review must be filed in a
proceeding to which section 402(a) of this title applies, or within
which an appeal must be taken under section 402(b) of this title in any
case, shall be computed from the date upon which the Commission gives
public notice of the order, decision, report, or action complained of.
(b)(1) Within 90 days after receiving a petition for reconsideration
of an order concluding a hearing under section 204(a) of this title or
concluding an investigation under section 208(b) of this title, the
Commission shall issue an order granting or denying such petition.
(2) Any order issued under paragraph (1) shall be a final order and
may be appealed under section 402(a) of this title.
(June 19, 1934, ch. 652, title IV, Sec. 405, 48 Stat. 1095; July 16,
1952, ch. 879, Sec. 15, 66 Stat. 720; Pub. L. 86-752, Sec. 4(c), Sept.
13, 1960, 74 Stat. 892; Pub. L. 87-192, Sec. 3, Aug. 31, 1961, 75 Stat.
421; Pub. L. 97-259, title I, Secs. 122, 127(c), Sept. 13, 1982, 96
Stat. 1097, 1099; Pub. L. 100-594, Sec. 8(d), Nov. 3, 1988, 102 Stat.
3023.)
Codification
``Reconsiderations'' substituted in text for ``Rehearings'' as the
probable intent of Congress, in view of amendment by section 127(c)(1)
of Pub. L. 97-259, which substituted ``reconsideration'' for
``rehearing'' wherever appearing in this section.
Amendments
1988--Pub. L. 100-594 designated existing provisions as subsec. (a),
substituted ``section 155(c)(1)'' for ``section 155(d)(1)'' in two
places, and added subsec. (b).
1982--Pub. L. 97-259 substituted ``reconsideration'' for
``rehearing'' wherever appearing and ``the Commission gives public
notice of the order, decision, report, or action complained of'' for
``public notice is given of orders disposing of all petitions for
rehearing filed with the Commission in such proceeding or case, but any
order, decision, report, or action made or taken after such rehearing
reversing, changing, or modifying the original order shall be subject to
the same provisions with respect to rehearing as an original order''.
1961--Pub. L. 87-192 provided for petition for rehearing to the
authority making or taking the order, decision, report, or action,
substituted references to report and action for requirement, wherever
else appearing, and inserted references to proceeding by any designated
authority within the Commission, wherever appearing.
1960--Pub. L. 86-752 substituted ``any party'' for ``and party'' in
first sentence, and inserted sentence dealing with disposition of
petitions for rehearing.
1952--Act July 16, 1952, provided for taking of newly discovered
evidence and evidence which should have been taken in original hearing.
Effective Date of 1960 Amendment
Section 4(d)(4) of Pub. L. 86-752 provided that: ``The amendment
made by paragraph (2) of subsection (c) of this section [amending this
section] shall only apply to petitions for rehearing filed on or after
the date of the enactment of this Act [Sept. 13, 1960].''
Section Referred to in Other Sections
This section is referred to in sections 155, 307, 309 of this title.
