§  1.2108   Procedures for filing petitions to deny against long-form
applications.

   (a) Where petitions to deny are otherwise provided for under the Act or
   the commission's Rules, and unless other service-specific procedures
   for the filing of such petitions are provided for elsewhere in the
   Commission's Rules, the procedures in this section shall apply to the
   filing of petitions to deny the long-form applications of winning
   bidders.

   (b) Within a period specified by Public Notice and after the Commission
   by Public Notice announces that long-form applications have been
   accepted for filing, petitions to deny such applications may be filed.
   The period for filing petitions to deny shall be no more than ten (10)
   days. The appropriate licensing Bureau, within its discretion, may, in
   exigent circumstances, reduce this period of time to no less than five
   (5) days. Any such petitions must contain allegations of fact supported
   by affidavit of a person or persons with personal knowledge thereof.

   (c) An applicant may file an opposition to any petition to deny, and
   the petitioner a reply to such opposition. Allegations of fact or
   denials thereof must be supported by affidavit of a person or persons
   with personal knowledge thereof. The time for filing such oppositions
   shall be at least five (5) days from the filing date for petitions to
   deny, and the time for filing replies shall be at least five (5) days
   from the filing date for oppositions. The Commission may grant a
   license based on any long-form application that has been accepted for
   filing. The Commission shall in no case grant licenses earlier than
   seven (7) days following issuance of a public notice announcing
   long-form applications have been accepted for filing.

   (d) If the Commission determines that:

   (1) An applicant is qualified and there is no substantial and material
   issue of fact concerning that determination, it will grant the
   application.

   (2) An applicant is not qualified and that there is no substantial
   issue of fact concerning that determination, the Commission need not
   hold an evidentiary hearing and will deny the application.

   (3) Substantial and material issues of fact require a hearing, it will
   conduct a hearing. The Commission may permit all or part of the
   evidence to be submitted in written form and may permit employees other
   than administrative law judges to preside at the taking of written
   evidence. Such hearing will be conducted on an expedited basis.

   [ 59 FR 44293 , Aug. 26, 1994, as amended at  63 FR 2343 , Jan. 15, 1998;
    65 FR 52345 , Aug. 29, 2000]

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