An Act to amend section 309(e) of the Communications Act of 1934, as amended, to require that petitions for intervention be filed not more than thirty days after publication of the hearing issues in the Federal Register
PL 88-306 (S.1193), enacted 05/14/1964

78 STAT.J 
PUBLIC LAW 88-306-MAY 14, 1964 
193 
The Secretary may modify his findings as to tlie facts and order by 
reason of the additional evidence so taken, and shall file with the court 
such modified finding and order. 
The judgment of the court affirm-
ing or setting aside, m whole or in part^ any order under this section 
shall be final, subject to review by the Supreme Court of the United 
States upon certiorari or certification as provided in section 1254 of 
title 18 of the United States Code. The commencement of proceedings 
under this section shall not, unless specifically ordered by the court 
to the contrary, operate as a stay of an order. 
The court shall advance 
on the docket and expedite the disposition of all causes filed therein 
pursuant to this section.'' 
SEC. 5. The first sentence of section S.b. of said Act (61 Stat. 170; 
7 U.S.C. 135f.(b)) is hereby amended by deleting that part beginning 
with the second proviso therein down to, but not including, the period 
at the end thereof. 
SEC. 6. Section 3.a.(l) and section 9.a.(l) (b) of said Act (61 Stat. 
166, 170; 7 U.S.C. 135a.(a) (1), 135g.(a) (1) (b)) are hereby amended 
by changing the phrase "has not been registered'" wherever it appears 
therein, to read "is not registered"'. 
SEC. 7. This Act and the amendments made hereby shall become 
effective upon enactment, and all existing registrations under protest 
issued under said Federal Insecticide, Fungicide, and Rodenticide 
Act shall thereupon terminate. 
Approved May 12, 1964. 
Review by U.S. 
Supreme Court. 
Penalties. 
Effective date. 
Termination of 
certain existing 
registrations. 
Public Law 88-306 
AN ACT 
To amend section 309(e) of the Communications Act of 1934, as amended, to 
require that petitions for intervention be filed not more than thirty days after 
publication of the hearing issues in the Federal Register. 
May 14, 1964 
[S. 1193] 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled. That section 309(e) 
of the Communications Act of 1934, as amended, is amended to read 
as follows: 
"(e) If, in the case of any application to which subsection (a) of 
this section applies, a substantial and material question of fact is 
presented or the Commission for any reason is unable to make the find-
ing specified in such subsection, it shall formally designate the applica-
tion for hearing on the ground or reasons then obtaining and shall 
forthwith notify the applicant and all other known parties in interest 
of such action and the grounds and reasons therefor, specifying with 
particularity the matters and things in issue but not including issues 
or requirements phrased generally. 
When the Commission has so 
designated an aj)plication for hearing, the parties in interest, if any, 
who are not notified by the Commission of such action may acquire 
the status of a party to the proceeding thereon by filing a petition for 
intervention showing the basis for their interest not more than thirty 
days after publication of the hearing issues or any substantial amend-
ment thereto in the Federal Register. Any hearing subsequently held 
upon such application shall be a full hearing in which the applicant 
and all other parties in interest shall be permitted to participate. The 
burden of proceeding with the introduction of evidence and the burden 
of proof shall be upon the applicant, except that with respect to any 
issue presented by a petition to deny or a petition to enlarge the issues, 
such Durdens shall be as determined by the Commission." 
Approved May 14, 1964. 
Communications 
Act of 1934, 
amendment. 
Petitions for 
intervention. 
74 Stat. 891. 
47 u s e 309.