FCC 25.154 Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 25.154 Opposition to applications and other pleadings.
(a) Petitions to deny, petitions for other forms of relief, and other
objections or comments must:
(1) Identify the application or applications (including applicant's name,
station location, Commission file numbers, and radio service involved) with
which it is concerned;
(2) Be filed within thirty (30) days after the date of public notice
announcing the acceptance for filing of the application or major amendment
thereto (unless the Commission otherwise extends the filing deadline);
(3) Filed in accordance with the pleading limitations, periods and other
applicable provisions of Sec. Sec. 1.41 through 1.52 of this chapter, except that
such petitions must be filed electronically through the International Bureau
Filing System (IBFS) in accordance with the applicable provisions of part 1,
subpart Y of this chapter;
(4) Contain specific allegations of fact (except for those of which official
notice may be taken) to support the specific relief requested, which shall
be supported by affidavit of a person or persons with personal knowledge
thereof, and which shall be sufficient to demonstrate that the petitioner
(or respondent) is a party of interest and that a grant of, or other
Commission action regarding, the application would be prima facie
inconsistent with the public interest; and
(5) Contain a certificate of service showing that it has been mailed to the
applicant no later than the date the pleading is filed with the Commission.
(b) The Commission will classify as informal objections:
(1) Any pleading not filed in accordance with paragraph (a) of this section;
(2) Any pleading to which the thirty (30) day public notice period of
Sec. 25.151 does not apply; or
(3) Any objections to the grant of an application when the objections do not
conform to either paragraph (a) of this section or to other Commission rules
and requirements.
(c) Except for opposition to petitions to deny an application filed pursuant
to Sec. 25.220, oppositions to petitions to deny an application or responses to
comments and informal objections regarding an application may be filed
within 10 days after the petition, comment, or objection is filed and must
be in accordance with other applicable provisions of Sec. Sec. 1.41 through 1.52 of
this chapter, except that such oppositions must be filed electronically
through the International Bureau Filing System (IBFS) in accordance with the
applicable provisions of part 1, subpart Y of this chapter.
(d) Except for opposition to petitions to deny an application filed pursuant
to Sec. 25.220, reply comments by the party that filed the original petition may
be filed with respect to pleadings filed pursuant to paragraph (c) of this
section within 5 days after the time for filing oppositions has expired
unless the Commission otherwise extends the filing deadline and must be in
accordance with other applicable provisions of Sec. Sec. 1.41 through 1.52 of this
chapter, except that such reply comments must be filed electronically
through the International Bureau Filing System (IBFS) in accordance with the
applicable provisions of part 1, subpart Y of this chapter.
(e) If a petition to deny an application filed pursuant to Sec. 25.220 is filed,
the applicant must file a statement with the Commission explaining whether
the applicant has resolved all outstanding issues raised by the petitioner,
within 30 days of the date the petition for deny is filed. This statement
must be in accordance with the provisions of Sec. Sec. 1.41 through 1.52 of this
chapter applicable to oppositions to petitions to deny, except that such
reply comments must be filed electronically through the International Bureau
Filing System (IBFS) in accordance with the applicable provisions of part 1,
subpart Y of this chapter.
[ 56 FR 24016 , May 28, 1991, as amended at 69 FR 47795 , Aug. 6, 2004; 70 FR 32254 , June 2, 2005]
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