Goto Section: 1.104 | 1.108 | Table of Contents
FCC 1.106
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.106 Petitions for reconsideration in non-rulemaking proceedings.
(a)(1) Except as provided in paragraphs (b)(3) and (p) of this section,
petitions requesting reconsideration of a final Commission action in
non-rulemaking proceedings will be acted on by the Commission. Petitions
requesting reconsideration of other final actions taken pursuant to
delegated authority will be acted on by the designated authority or referred
by such authority to the Commission. A petition for reconsideration of an
order designating a case for hearing will be entertained if, and insofar as,
the petition relates to an adverse ruling with respect to petitioner's
participation in the proceeding. Petitions for reconsideration of other
interlocutory actions will not be entertained. (For provisions governing
reconsideration of Commission action in notice and comment rulemaking
proceedings, see § 1.429. This § 1.106 does not govern reconsideration of such
actions.)
(2) Within the period allowed for filing a petition for reconsideration, any
party to the proceeding may request the presiding officer to certify to the
Commission the question as to whether, on policy in effect at the time of
designation or adopted since designation, and undisputed facts, a hearing
should be held. If the presiding officer finds that there is substantial
doubt, on established policy and undisputed facts, that a hearing should be
held, he will certify the policy question to the Commission with a statement
to that effect. No appeal may be filed from an order denying such a request.
See also, § § 1.229 and 1.251.
(b)(1) Subject to the limitations set forth in paragraph (b)(2) of this
section, any party to the proceeding, or any other person whose interests
are adversely affected by any action taken by the Commission or by the
designated authority, may file a petition requesting reconsideration of the
action taken. If the petition is filed by a person who is not a party to the
proceeding, it shall state with particularity the manner in which the
person's interests are adversely affected by the action taken, and shall
show good reason why it was not possible for him to participate in the
earlier stages of the proceeding.
(2) Where the Commission has denied an application for review, a petition
for reconsideration will be entertained only if one or more of the following
circumstances are present:
(i) The petition relies on facts or arguments which relate to events which
have occurred or circumstances which have changed since the last opportunity
to present such matters to the Commission; or
(ii) The petition relies on facts or arguments 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 or
arguments in question prior to such opportunity.
(3) A petition for reconsideration of an order denying an application for
review which fails to rely on new facts or changed circumstances may be
dismissed by the staff as repetitious.
(c) In the case of any order other than an order denying an application for
review, a petition for reconsideration which relies on facts or arguments
not previously presented to the Commission or to the designated authority
may be granted only under the following circumstances:
(1) The facts or arguments fall within one or more of the categories set
forth in § 1.106(b)(2); or
(2) The Commission or the designated authority determines that consideration
of the facts or arguments relied on is required in the public interest.
(d)(1) A petition for reconsideration shall state with particularity the
respects in which petitioner believes the action taken by the Commission or
the designated authority should be changed. The petition shall state
specifically the form of relief sought and, subject to this requirement, may
contain alternative requests.
(2) A petition for reconsideration of a decision that sets forth formal
findings of fact and conclusions of law shall also cite the findings and/or
conclusions which petitioner believes to be erroneous, and shall state with
particularity the respects in which he believes such findings and/or
conclusions should be changed. The petition may request that additional
findings of fact and/or conclusions of law be made.
(e) Where a petition for reconsideration is based upon a claim of electrical
interference, under appropriate rules in this chapter, to an existing
station or a station for which a construction permit is outstanding, such
petition, in addition to meeting the other requirements of this section,
must be accompanied by an affidavit of a qualified radio engineer. Such
affidavit shall show, either by following the procedures set forth in this
chapter for determining interference in the absence of measurements, or by
actual measurements made in accordance with the methods prescribed in this
chapter, that electrical interference will be caused to the station within
its normally protected contour.
(f) The petition for reconsideration and any supplement thereto shall be
filed within 30 days from the date of public notice of the final Commission
action, as that date is defined in § 1.4(b) of these rules, and shall be
served upon parties to the proceeding. The petition for reconsideration
shall not exceed 25 double spaced typewritten pages. No supplement or
addition to a petition for reconsideration which has not been acted upon by
the Commission or by the designated authority, filed after expiration of the
30 day period, will be considered except upon leave granted upon a separate
pleading for leave to file, which shall state the grounds therefor.
(g) Oppositions to a petition for reconsideration shall be filed within 10
days after the petition is filed, and shall be served upon petitioner and
parties to the proceeding. Oppositions shall not exceed 25 double spaced
typewritten pages.
(h) Petitioner may reply to oppositions within seven days after the last day
for filing oppositions, and any such reply shall be served upon parties to
the proceeding. Replies shall not exceed 10 double spaced typewritten pages,
and shall be limited to matters raised in the opposition.
(i) Petitions for reconsideration, oppositions, and replies shall conform to
the requirements of § § 1.49, 1.51, and 1.52 and shall be submitted to the
Secretary, Federal Communications Commission, Washington, DC 20554, by mail,
by commercial courier, by hand, or by electronic submission through the
Commission's Electronic Comment Filing System or other electronic filing
system (such as ULS). Petitions submitted only by electronic mail and
petitions submitted directly to staff without submission to the Secretary
shall not be considered to have been properly filed. Parties filing in
electronic form need only submit one copy.
(j) The Commission or designated authority may grant the petition for
reconsideration in whole or in part or may deny or dismiss the petition. Its
order will contain a concise statement of the reasons for the action taken.
Where the petition for reconsideration relates to an instrument of
authorization granted without hearing, the Commission or designated
authority will take such action within 90 days after the petition is filed.
(k)(1) If the Commission or the designated authority grants the petition for
reconsideration in whole or in part, it may, in its decision:
(i) Simultaneously reverse or modify the order from which reconsideration is
sought;
(ii) Remand the matter to a bureau or other Commission personnel for such
further proceedings, including rehearing, as may be appropriate; or
(iii) Order such other proceedings as may be necessary or appropriate.
(2) If the Commission or designated authority initiates further proceedings,
a ruling on the merits of the matter will be deferred pending completion of
such proceedings. Following completion of such further proceedings, the
Commission or designated authority may affirm, reverse, or modify its
original order, or it may set aside the order and remand the matter for such
further proceedings, including rehearing, as may be appropriate.
(3) Any order disposing of a petition for reconsideration which reverses or
modifies the original order is subject to the same provisions with respect
to reconsideration as the original order. In no event, however, shall a
ruling which denies a petition for reconsideration be considered a
modification of the original order. A petition for reconsideration of an
order which has been previously denied on reconsideration may be dismissed
by the staff as repetitious.
Note: For purposes of this section, the word “order” refers to that portion
of its action wherein the Commission announces its judgment. This should be
distinguished from the “memorandum opinion” or other material which often
accompany and explain the order.
(l) No evidence other than newly discovered evidence, evidence which has
become available only since the original taking of evidence, or evidence
which the Commission or the designated authority believes should have been
taken in the original proceeding shall be taken on any rehearing ordered
pursuant to the provisions of this section.
(m) The filing of a petition for reconsideration is not a condition
precedent to judicial review of any action taken by the Commission or by the
designated authority, 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 or designated authority has been
afforded no opportunity to pass. (See § 1.115(c).) Persons in those
categories who meet the requirements of this section may qualify to seek
judicial review by filing a petition for reconsideration.
(n) Without special order of the Commission, the filing of a petition for
reconsideration shall not excuse any person from complying with or obeying
any decision, order, or requirement of the Commission, or operate in any
manner to stay or postpone the enforcement thereof. However, upon good cause
shown, the Commission will stay the effectiveness of its order or
requirement pending a decision on the petition for reconsideration. (This
paragraph applies only to actions of the Commission en banc. For provisions
applicable to actions under delegated authority, see § 1.102.)
(o) Petitions for reconsideration of licensing actions, as well as
oppositions and replies thereto, that are filed with respect to the Wireless
Radio Services, may be filed electronically via ULS.
(p) Petitions for reconsideration of a Commission action that plainly do not
warrant consideration by the Commission may be dismissed or denied by the
relevant bureau(s) or office(s). Examples include, but are not limited to,
petitions that:
(1) Fail to identify any material error, omission, or reason warranting
reconsideration;
(2) Rely on facts or arguments which have not previously been presented to
the Commission and which do not meet the requirements of paragraphs (b)(2),
(b)(3), or (c) of this section;
(3) Rely on arguments that have been fully considered and rejected by the
Commission within the same proceeding;
(4) Fail to state with particularity the respects in which petitioner
believes the action taken should be changed as required by paragraph (d) of
this section;
(5) Relate to matters outside the scope of the order for which
reconsideration is sought;
(6) Omit information required by these rules to be included with a petition
for reconsideration, such as the affidavit required by paragraph (e) of this
section (relating to electrical interference);
(7) Fail to comply with the procedural requirements set forth in paragraphs
(f) and (i) of this section;
(8) relate to an order for which reconsideration has been previously denied
on similar grounds, except for petitions which could be granted under
paragraph (c) of this section; or
(9) Are untimely.
(Secs. 4, 303, 307, 405, 48 Stat., as amended, 1066, 1082, 1083, 1095; 47
U.S.C. 154, 303, 307, 405)
[ 28 FR 12415 , Nov. 22, 1963, as amended at 37 FR 7507 , Apr. 15, 1972; 41 FR 1287 , Jan. 7, 1976; 44 FR 60294 , Oct. 19, 1979; 46 FR 18556 , Mar. 25, 1981;
62 FR 4170 , Jan. 29, 1997; 63 FR 68920 , Dec. 14, 1998; 76 FR 24391 , May 2,
2011]
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Goto Section: 1.104 | 1.108
Goto Year: 2014 |
2016
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