§  1.223   Petitions to intervene.

   (a) Where the order designating a matter for hearing has failed to
   notify and name as a party to the hearing proceeding any person who
   qualifies as a party in interest, such person may acquire the status of
   a party by filing, under oath and not more than 30 days after the
   publication in the Federal Register of the hearing issues or any
   substantial amendment thereto, a petition for intervention showing the
   basis of its interest. Where the person's status as a party in interest
   is established, the petition to intervene will be granted.

   (b) Any other person desiring to participate as a party in any hearing
   proceeding may file a petition for leave to intervene not later than 30
   days after the publication in the Federal Register of the full text or
   a summary of the order designating the matter for hearing or any
   substantial amendment thereto. The petition must set forth the interest
   of petitioner in the proceedings, must show how such petitioner's
   participation will assist the Commission in the determination of the
   issues in question, must set forth any proposed issues in addition to
   those already designated for hearing, and must be accompanied by the
   affidavit of a person with knowledge as to the facts set forth in the
   petition. The presiding officer, in his or her discretion, may grant or
   deny such petition or may permit intervention by such persons limited
   to a particular stage of the proceeding.

   (c) Any person desiring to file a petition for leave to intervene later
   than 30 days after the publication in the Federal Register of the full
   text or a summary of the order designating the matter for hearing or
   any substantial amendment thereto shall set forth the interest of
   petitioner in the proceeding, show how such petitioner's participation
   will assist the Commission in the determination of the issues in
   question, must set forth any proposed issues in addition to those
   already designated for hearing, and must set forth reasons why it was
   not possible to file a petition within the time prescribed by
   paragraphs (a) and (b) of this section. If, in the opinion of the
   presiding officer, good cause is shown for the delay in filing, the
   presiding officer may in his or her discretion grant such petition or
   may permit intervention limited to particular issues or to a particular
   stage of the proceeding.

   (Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309)

   [ 85 FR 63175 , Oct. 6, 2020]