Goto Section: 1.427 | 1.430 | Table of Contents
FCC 1.429
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 1.429 Petition for reconsideration.
(a) Any interested person may petition for reconsideration of a final action
in a proceeding conducted under this subpart (see Sec. Sec. 1.407 and 1.425). Where
the action was taken by the Commission, the petition will be acted on by the
Commission. Where action was taken by a staff official under delegated
authority, the petition may be acted on by the staff official or referred to
the Commission for action.
Note: The staff has been authorized to act on rulemaking proceedings
described in Sec. 1.420 and is authorized to make editorial changes in the rules
(see Sec. 0.231(d)).
(b) A petition for reconsideration which relies on facts which have not
previously been presented to the Commission will be granted only under the
following circumstances:
(1) The facts relied on relate to events which have occurred or
circumstances which have changed since the last opportunity to present them
to the Commission;
(2) The facts relied on were unknown to petitioner until after his last
opportunity to present them to the Commission, and he could not through the
exercise of ordinary diligence have learned of the facts in question prior
to such opportunity; or
(3) The Commission determines that consideration of the facts relied on is
required in the public interest.
(c) The petition for reconsideration shall state with particularity the
respects in which petitioner believes the action taken should be changed.
(d) The petition for reconsideration and any supplement thereto shall be
filed within 30 days from the date of public notice of such action, as that
date is defined in Sec. 1.4(b). No supplement to a petition for reconsideration
filed after expiration of the 30 day period will be considered, except upon
leave granted pursuant to a separate pleading stating the grounds for
acceptance of the supplement. The petition for reconsideration shall not
exceed 25 double-spaced typewritten pages. See also Sec. 1.49(f).
(e) Except as provided in Sec. 1.420(f), petitions for reconsideration need not
be served on parties to the proceeding. (However, where the number of
parties is relatively small, the Commission encourages the service of
petitions for reconsideration and other pleadings, and agreements among
parties to exchange copies of pleadings. See also Sec. 1.47(d) regarding
electronic service of documents.) When a petition for reconsideration is
timely filed in proper form, public notice of its filing is published in
theFederal Register.The time for filing oppositions to the petition runs
from the date of public notice. See Sec. 1.4(b).
(f) Oppositions to a petition for reconsideration shall be filed within 15
days after the date of public notice of the petition's filing and need be
served only on the person who filed the petition. See also Sec. 1.49(d).
Oppositions shall not exceed 25 double-spaced typewritten pages. See
Sec. 1.49(f).
(g) Replies to an opposition shall be filed within 10 days after the time
for filing oppositions has expired and need be served only on the person who
filed the opposition. Replies shall not exceed 10 double-spaced typewritten
pages. See also Sec. Sec. 1.49(d) and 1.49(f).
(h) Petitions for reconsideration, oppositions and replies shall conform to
the requirements of Sec. Sec. 1.49 and 1.52, except that they need not be verified.
Except as provided in Sec. 1.420(e), an original and 11 copies shall be
submitted to the Secretary, Federal Communications Commission, Washington,
D.C. 20554. Parties filing in electronic form need only submit one copy.
(i) The Commission may grant the petition for reconsideration in whole or in
part or may deny the petition. Its order will contain a concise statement of
the reasons for the action taken. Any order disposing of a petition for
reconsideration which modifies rules adopted by the original order is, to
the extent of such modification, subject to reconsideration in the same
manner as the original order. Except in such circumstance, a second petition
for reconsideration may be dismissed by the staff as repetitious.
(j) The filing of a petition for reconsideration is not a condition
precedent to judicial review of any action taken by the Commission, except
where the person seeking such review was not a party to the proceeding
resulting in the action or relies on questions of fact or law upon which the
Commission has been afforded no opportunity to pass. Subject to the
provisions of paragraph (b) of this section, such a person may qualify to
seek judicial review by filing a petition for reconsideration.
(k) Without special order of the Commission, the filing of a petition for
reconsideration shall not excuse any person from complying with any rule or
operate in any manner to stay or postpone its enforcement. However, upon
good cause shown, the Commission will stay the effective date of a rule
pending a decision on a petition for reconsideration. See, however,
Sec. 1.420(f).
(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154,
303, 307)
[ 41 FR 1287 , Jan. 7, 1976, as amended at 44 FR 5436 , Jan. 26, 1979; 46 FR 18556 , Mar. 25, 1981; 52 FR 49161 , Dec. 30, 1987; 63 FR 24126 , May 1, 1998]
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Goto Section: 1.427 | 1.430
Goto Year: 2007 |
2009
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