§  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 § § 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 § 1.420 and is authorized to make editorial changes in the
   rules (see § 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 § 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 § 1.49(f).

   (e) Except as provided in § 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 § 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
   § 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
   § 1.49(d). Oppositions shall not exceed 25 double-spaced typewritten
   pages. See § 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 § § 1.49(d) and 1.49(f).

   (h) Petitions for reconsideration, oppositions and replies shall
   conform to the requirements of § § 1.49 and 1.52, except that they need
   not be verified. Except as provided in § 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, § 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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