Goto Section: 101.41 | 101.45 | Table of Contents
FCC 101.43
Revised as of
Goto Year:1996 |
1998
Sec. 101.43 Opposition to applications.
(a) Any party in interest may file with the Commission a petition to
deny any application for which public notice is required. All such
petitions must:
(1) Identify the application or applications including applicant's
name, station location, Commission file numbers and radio service
involved with which it is concerned;
(2) Be filed in accordance with the pleading limitations, filing
periods, and other applicable provisions of this part and part 1 of this
chapter;
(3) Contain specific allegations of fact (except for those of which
official notice may be taken), supported by affidavit of a person or
persons with personal knowledge thereof and be 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;
(4) Be filed within thirty (30) days after the date of public notice
announcing the acceptance for filing of such applications or major
amendments thereto, or, identifying the tentative selectee of a random
selection proceeding (unless the Commission otherwise extends the
deadline); and
(5) Contain a certificate of service showing that the applicant has
been mailed a copy of the petition no later than the date on which the
petition is filed with the Commission.
(b) The applicant 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 must be supported by an affidavit of a person or persons
with personal knowledge thereof and be clearly identified. The applicant
must serve a copy of the opposition on the petitioner, and the
petitioner must serve a copy of its reply on the applicant. The time for
filing such oppositions and replies are provided in Sec. 1.45 of this
chapter.
(c) Notwithstanding the provisions of paragraph (a) of this section,
before Commission action on any application for an instrument of
authorization, any person may file informal objections to the grant. The
Commission will consider informal objections, but not necessarily
discuss them in a written opinion, if the objection is filed at least
one day prior to action on the application
[[Page 738]]
and the objection is signed by the submitting person with a disclosure
of that person's interest. Such objections may be submitted in letter
form. The limitation on pleadings and time for filing pleadings provided
for in Sec. 1.45 of this chapter will not be applicable to any
objections duly filed pursuant to this paragraph.
(d) Petitions to deny not filed in accordance with paragraph (a) of
this section will be treated as informal objections.
Goto Section: 101.41 | 101.45
Goto Year: 1996 |
1998
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