Sec.  1.120   Protests of grants without hearing.

   (a)  The  provisions  of  this  section shall not be applicable to any
   application: (1) Filed on or after December 12, 1960; (2) filed before
   December 12, 1960, but substantially amended (as defined in the applicable
   provisions of this chapter) on or after that date; or (3) filed before
   December  12, 1960, and not thereafter substantially amended, but with
   respect  to which the rules in this chapter provide an opportunity for
   petitions to deny to be filed under section 309 of the Communications Act,
   as amended. See  Sec.  Sec. 1.580 and 1.962.

   (b) Where any instrument of authorization for a radio station, other than a
   license  pursuant to a construction permit, has been granted without a
   hearing, any party in interest may file a protest directed to such grant and
   request a hearing on the application granted. Such protest shall be signed
   by the protestant and subscribed to under oath. Such protest must be filed
   with the Commission within 30 days after release of the document containing
   the full text of such action, or in case such a document is not released,
   after release of a “Public Notice” announcing the action in question and
   must separately set forth:

   (1) Such allegations of fact as will show the protestant to be a party in
   interest, i.e., a person aggrieved or whose interests are adversely affected
   by the Commission's authorization, protest of which is sought. Each such
   allegation of fact shall be separately stated.

   (2) Facts indicating the reasons why the grant was improperly made or would
   otherwise  not  be  in  the public interest. Each such reason shall be
   separately stated, and facts in support thereof shall be specified in detail
   and  shall  not  include general non-specific conclusory arguments and
   allegations.

   (3) The specific issues upon which protestant wishes a hearing to be held,
   which issues must relate directly to a matter specified with particularity
   as part of paragraph (b)(2) of this section.

   (c)  Arguments  and citations of authority may be set forth in a brief
   accompanying the protest but must be excluded from the protest itself.

   (d) Oppositions to protests and briefs in support thereof shall contain all
   material, including that pertinent to the determination referred to in
   paragraph  (i) of this section, deemed appropriate to the Commission's
   resolution of the protest. Such oppositions and supporting briefs must be
   filed within 10 days after the filing of such protest, and any replies to
   such  oppositions  must be filed within 5 days after the filing of the
   oppositions.

   (e) Protests, oppositions, and replies shall be filed with the Commission in
   original and 14 copies and shall be accompanied by proof of service upon the
   grantee or the protestant, as the case may be, and/or their respective
   attorneys.

   (f) The Commission may upon consideration of a protest direct either the
   protestant or grantee or both to submit further statements of fact under
   oath relating to the matters raised in the protest.

   (g)  Within  30  days  from the date of the filing of the protest, the
   Commission  will  enter  findings as to whether such protest meets the
   requirements set forth in paragraphs (b) (1) and (2) of this section. If the
   Commission finds that one of these requirements is not met, it will dismiss
   the protest. If the Commission finds that these requirements are met, it
   will designate the application in question for hearing. As to issues which
   the Commission believes present no grounds for setting aside the grant, even
   if the facts alleged were to be proven, the Commission may designate such
   issues for oral argument only. The other issues will be designated for
   evidentiary hearing except that the Commission may redraft the issues in
   accordance with the facts or substantive matters alleged in the protest and
   may  also specify such additional issues as it deems desirable. In any
   evidentiary  hearing  subsequently  held  upon issues specified by the
   Commission, upon its own initiative or adopted by it, both the burden of
   proceeding with the introduction of evidence and the burden of proof shall
   be upon the grantee. With respect to issues resulting from facts set forth
   in the protest and not adopted or specified by the Commission on its own
   motion, both the burden of proceeding with the introduction of evidence and
   the burden of proof shall be upon the protestant.

   (h)  The  procedure  in  such protest hearing shall be governed by the
   provisions of subpart B of this part, except as otherwise provided in this
   section.

   (i) Pending hearing and decision, the effective date of the Commission's
   action to which protest is made shall be postponed to the effective date of
   the Commission's decision after hearing, unless the authorization involved
   is necessary to the maintenance or conduct of an existing service or unless
   the Commission affirmatively finds that the public interest requires that
   the grant remain in effect, in which event the Commission shall authorize
   the applicant to utilize the facilities or authorization in question pending
   the Commission's decision after hearing.

   (Sec. 7, 66 Stat. 715, as amended. See, in particular, sec. 4 (a) and (d),
   74 Stat. 889, 892; 47 U.S.C. 309)

   [ 28 FR 12415 , Nov. 22, 1963, as amended at  28 FR 14503 , Dec. 31, 1963]

Subpart B—Hearing Proceedings

   Source:    28 FR 12425 , Nov. 22, 1963, unless otherwise noted.

General