§  1.939   Petitions to deny.

   (a) Who may file. Any party in interest may file with the Commission a
   petition to deny any application listed in a Public Notice as accepted
   for filing, whether as filed originally or upon major amendment as
   defined in §  1.929 of this part.

   (1) For auctionable license applications, petitions to deny and related
   pleadings are governed by the procedures set forth in §  1.2108 of this
   part.

   (2) Petitions to deny for non-auctionable applications that are subject
   to petitions under §  309(d) of the Communications Act must comply with
   the provisions of this section and must be filed no later than 30 days
   after the date of the Public Notice listing the application or major
   amendment to the application as accepted for filing.

   (b) Filing of petitions. Petitions to deny and related pleadings may be
   filed electronically via ULS. Manually filed petitions to deny must be
   filed with the Office of the Secretary, 445 12th Street, SW.,
   Washington, DC 20554. Attachments to manually filed applications may be
   filed on a standard 31⁄4 ″ magnetic diskette formatted to be readable
   by high density floppy drives operating under MS-DOS (version 3.X or
   later compatible versions). Each diskette submitted must contain an
   ASCII text file listing each filename and a brief description of the
   contents of each file on the diskette. The files on the diskette, other
   than the table of contents, should be in Adobe Acrobat Portable
   Document Format (PDF) whenever possible. Petitions to deny and related
   pleadings must reference the file number of the pending application
   that is the subject of the petition.

   (c) Service. A petitioner shall serve a copy of its petition to deny on
   the applicant and on all other interested parties pursuant to §  1.47.
   Oppositions and replies shall be served on the petitioner and all other
   interested parties.

   (d) Content. A petition to deny must contain specific allegations of
   fact sufficient to make a prima facie showing that the petitioner is a
   party in interest and that a grant of the application would be
   inconsistent with the public interest, convenience and necessity. Such
   allegations of fact, except for those of which official notice may be
   taken, shall be supported by affidavit of a person or persons with
   personal knowledge thereof.

   (e) Petitions to deny amended applications. Petitions to deny a major
   amendment to an application may raise only matters directly related to
   the major amendment that could not have been raised in connection with
   the application as originally filed. This paragraph does not apply to
   petitioners who gain standing because of the major amendment.

   (f) Oppositions and replies. The applicant and any other interested
   party may file an opposition to any petition to deny and the petitioner
   may file a reply thereto in which allegations of fact or denials
   thereof, except for those of which official notice may be taken, shall
   be supported by affidavit of a person or persons with personal
   knowledge thereof. Time for filing of oppositions and replies is
   governed by §  1.45 of this part for non-auctionable services and
   §  1.2108 of this part for auctionable services.

   (g) Dismissal of petition. The Commission may dismiss any petition to
   deny that does not comply with the requirements of this section if the
   issues raised become moot, or if the petitioner or his/her attorney
   fails to appear at a settlement conference pursuant to §  1.956 of this
   part. The reasons for the dismissal will be stated in the dismissal
   letter or order. When a petition to deny is dismissed, any related
   responsive pleadings are also dismissed

   (h) Grant of petitioned application. If a petition to deny has been
   filed and the Commission grants the application, the Commission will
   dismiss or deny the petition by issuing a concise statement of the
   reason(s) for dismissing or denying the petition, disposing of all
   substantive issues raised in the petition.

   [ 63 FR 68931 , Dec. 14, 1998, as amended at  64 FR 53240 , Oct. 1, 1999;
    70 FR 61058 , Oct. 20, 2005;  71 FR 15619 , Mar. 29, 2006;  74 FR 68544 ,
   Dec. 28, 2009]

   return arrow Back to Top