§  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 § § 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