Telegraphs, Telephones, and Radiotelegraphs - 47 USC Section 405

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01/19/04

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.

                                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]."

Last modified: June 19, 2006