§ 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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