47 C.F.R. § 1.62

Operation pending action on renewal application

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(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 non-broadcast licensee operating by virtue of this paragraph (a) 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 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) [28 FR 12415, Nov. 22, 1963, as amended at 84 FR 2758, Feb. 8, 2019]

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1966–2023 · leading case: United States v. Peninsula Commc'ns, Inc., 287 F.3d 832 (9th Cir. 2002).

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United States v. Peninsula Commc'ns, Inc., 287 F.3d 832 (9th Cir. 2002). · cites it 4× “Peninsula first points to 47 C.F.R. § 1.62 (a)(1), which provides, in pertinent part, that “[w]here there is pending before the Commission at the time of expiration of license any proper and timely application for renewal of license .”

Fid. Television, Inc. v. Fed. Commc'ns Comm'n, Rko Gen., Inc., Intervenor, 515 F.2d 684 (D.C. Cir. 1975). “44 Affirmed. 45 . Under the “holdover” provisions of the Federal Communications Act and the Commission’s rules, RKO has been operating the station in the interim.”

United States v. Peninsula Commc'ns, Inc., 335 F. Supp. 2d 1013 (D. Alaska 2004). · cites it 2× “until such time as the Commission shall make a final determination with respect to the renewal application.” Then, defendant pointed to 47 C.”

Cmty. Broad. Corp. v. Fed. Commc'ns Comm'n, Sunbeam Television Corp., Intervenor, 363 F.2d 717 (D.C. Cir. 1966). “62(a) of the Commission’s Rules and Regulations, 47 C.F.R. § 1.62 (a) (1) (1965), which is as follows: 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…”

New South Media Corp. v. Fed. Commc'ns Comm'n, 685 F.2d 708 (D.C. Cir. 1982). “§ 558 (c); 47 C.F.R. § 1.62 (1981). . The FCC’s briefs do not cite Carlisle; the order under review simply footnotes Carlisle for the statement that a “different rule obtains when action on [a renewal] application has been deferred rather than put in hearing status.”

Consol. Nine, Inc. v. Fed. Commc'ns Comm'n, 403 F.2d 585 (D.C. Cir. 1968). “62, 47 C.F.R. § 1.62 (1968); under that section a timely application for a renewal of a valid license keeps the original license in effect until the renewal application has been acted upon.”

United States v. Pennington (E.D. Ky. 2023). “See 47 C.F.R. § 1.62 (a)(1). Here, it is undisputed that the Station’s license expired by passage of time on August 1, 1998.”

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