Goto Section: 1.221 | 1.224 | Table of Contents
FCC 1.223
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 1.223 Petitions to intervene.
(a) Where, in cases involving applications for construction permits and
station licenses, or modifications or renewals thereof, the Commission has
failed to notify and name as a party to the hearing any person who qualifies
as a party in interest, such person may acquire the status of a party by
filing, under oath and not more than 30 days after the publication in
theFederal Registerof the hearing issues or any substantial amendment
thereto, a petition for intervention showing the basis of its interest.
Where such person's interest is based upon a claim that a grant of the
application would cause objectionable interference under applicable
provisions of this chapter to such person as a licensee or permittee of an
existing or authorized station, the petition to intervene must be
accompanied by an affidavit of a qualified radio engineer which shall show,
either by following the procedures prescribed in this chapter for
determining interference in the absence of measurements or by actual
measurements made in accordance with the methods prescribed in this chapter,
the extent of such interference. Where the person's status as a party in
interest is established, the petition to intervene will be granted.
(b) Any other person desiring to participate as a party in any hearing may
file a petition for leave to intervene not later than 30 days after the
publication in theFederal Registerof the full text or a summary of the order
designating an application for hearing or any substantial amendment thereto.
The petition must set forth the interest of petitioner in the proceedings,
must show how such petitioner's participation will assist the Commission in
the determination of the issues in question, must set forth any proposed
issues in addition to those already designated for hearing, and must be
accompanied by the affidavit of a person with knowledge as to the facts set
forth in the petition. The presiding officer, in his discretion, may grant
or deny such petition or may permit intervention by such persons limited to
a particular stage of the proceeding.
(c) Any person desiring to file a petition for leave to intervene later than
30 days after the publication in theFederal Registerof the full text or a
summary of the order designating an application for hearing or any
substantial amendment thereto shall set forth the interest of petitioner in
the proceeding, show how such petitioner's participation will assist the
Commission in the determination of the issues in question, must set forth
any proposed issues in addition to those already designated for hearing, and
must set forth reasons why it was not possible to file a petition within the
time prescribed by paragraphs (a) and (b) of this section. Such petition
shall be accompanied by the affidavit of a person with knowledge of the
facts set forth in the petition, and where petitioner claims that a grant of
the application would cause objectionable interference under applicable
provisions of this chapter, the petition to intervene must be accompanied by
the affidavit of a qualified radio engineer showing the extent of such
alleged interference according to the methods prescribed in paragraph (a) of
this section. If, in the opinion of the presiding officer, good cause is
shown for the delay in filing, he may in his discretion grant such petition
or may permit intervention limited to particular issues or to a particular
stage of the proceeding.
(Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309)
[ 28 FR 12425 , Nov. 22, 1963, as amended at 29 FR 7821 , June 19, 1964; 41 FR 14872 , Apr. 8, 1976; 51 FR 19347 , May 29, 1986]
Goto Section: 1.221 | 1.224
Goto Year: 2007 |
2009
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