§  73.3584   Procedure for filing petitions to deny.

   (a) For mutually exclusive applications subject to selection by
   competitive bidding (non-reserved channels) or fair distribution/point
   system (reserved channels), petitions to deny may be filed only against
   the winning bidders or tentative selectee(s), and such petitions will
   be governed by § §  73.5006 and 73.7004, respectively. For all other
   applications the following rules will govern. Except in the case of
   applications for new low power TV, TV translator or TV booster
   stations, for major changes in the existing facilities of such
   stations, or for applications for a change in output channel tendered
   by displaced low power TV and TV translator stations pursuant to
   §  73.3572(a)(1), any party in interest may file with the Commission a
   Petition to Deny any application (whether as originally filed or if
   amended so as to require a new file number pursuant to §  73.3571(j),
   §  73.3572(b), §  73.3573(b), §  73.3574(b) or §  73.3578) for which local
   notice pursuant to §  73.3580 is required, provided such petitions are
   filed prior to the day such applications are granted or designated for
   hearing; but where the FCC issues a public notice pursuant to the
   provisions of §  73.3571(c), §  73.3572(c) or §  73.3573(d), establishing
   a “cut-off” date, such petitions must be filed by the date specified.
   In the case of applications for transfers and assignments of
   construction permits or station licenses, Petitions to Deny must be
   filed not later than 30 days after issuance of a public notice of the
   acceptance for filing of the applications. In the case of applications
   for renewal of license, Petitions to Deny may be filed at any time up
   to the deadline established in §  73.3516(e). Requests for extension of
   time to file Petitions to Deny applications for new broadcast stations
   or major changes in the facilities of existing stations or applications
   for renewal of license will not be granted unless all parties
   concerned, including the applicant, consent to such requests, or unless
   a compelling showing can be made that unusual circumstances make the
   filing of a timely petition impossible and the granting of an extension
   warranted.

   (b) Except in the case of applications for new low power TV or TV
   translator stations, or for major changes in the existing facilities of
   such stations, the applicant may file an opposition to any Petition to
   Deny, and the Petitioner a reply to such opposition in which
   allegations of fact or denials thereof shall be supported by affidavit
   of a person or persons with personal knowledge thereof. The times for
   filing such oppositions and replies shall be those provided in §  1.45
   except that as to a Petition to Deny an application for renewal of
   license, an opposition thereto may be filed within 30 days after the
   Petition to Deny is filed, and the party that filed the Petition to
   Deny may reply to the opposition within 20 days after opposition is due
   or within 20 days after the opposition is filed, whichever is longer.
   The failure to file an opposition or a reply will not necessarily be
   construed as an admission of fact or argument contained in a pleading.

   (c) In the case of applications for new low power TV, TV translator, or
   TV booster stations, for major changes in the existing facilities of
   such stations, or for applications for a change in output channel
   tendered by displaced low power TV and TV translator stations pursuant
   to §  73.3572(a)(1), any party in interest may file with the FCC a
   Petition to Deny any applcation (whether as originally filed or if
   amended so as to require a new file number pursuant to §  73.3572(b))
   for which local notice pursuant to §  73.3580 is required, provided such
   petitions are filed within 30 days of the FCC Public Notice proposing
   the application for grant (applicants may file oppositions within 15
   days after the Petition to Deny is filed); but where the FCC selects a
   tentative permittee pursuant to Section 1.1601 et seq., Petitions to
   Deny shall be accepted only if directed against the tentative selectee
   and filed after issuance of and within 15 days of FCC Public Notice
   announcing the tentative selectee. The applicant may file an opposition
   within 15 days after the Petition to Deny is filed. In cases in which
   the minimum diversity preference provided for in §  1.1623(f)(1) has
   been applied, an “objection to diversity claim” and opposition thereto,
   may be filed against any applicant receiving a diversity preference,
   within the same time period provided herein for Petitions and
   Oppositions. In all pleadings, allegations of fact or denials thereof
   shall be supported by appropriate certification. However, the FCC may
   announce, by the Public Notice announcing the acceptance of the
   last-filed mutually exclusive application, that a notice of Petition to
   Deny will be required to be filed no later than 30 days after issuance
   of the Public Notice.

   (d) A party in interest may file a Petition to Deny any application
   that proposes reclassification of a Class C authorization to Class C0
   not later than 30 days after issuance of an order to show cause by the
   Commission notifying the affected licensee of the proposed
   reclassification.

   (e) Untimely Petitions to Deny, as well as other pleadings in the
   nature of a Petition to Deny, and any other pleadings or supplements
   which do not lie as a matter of law or are otherwise procedurally
   defective, are subject to return by the FCC's staff without
   consideration.

   [ 48 FR 27206 , June 13, 1983, as amended at  52 FR 31401 , Aug. 20, 1987;
    53 FR 2499 , Jan. 28, 1988;  55 FR 28914 , July 16, 1990;  61 FR 18291 ,
   Apr. 25, 1996;  65 FR 36379 , June 8, 2000;  65 FR 79780 , Dec. 20, 2000]

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