Sec. 73.3584  Procedure for filing petitions to deny.

    (a) 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 Sec. 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 
Secs. 73.3571(j), 73.3572(b), 73.3573(b), 73.3574(b) or 73.3578) for 
which local notice pursuant to Sec. 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 Secs. 73.3571(c), 73.3572(c) or 
Sec. 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 Sec. 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 Sec. 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,

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or for applications for a change in output channel tendered by displaced 
low power TV and TV translator stations pursuant to Sec. 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 Sec. 73.3572(b)) for which local notice 
pursuant to Sec. 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 Sec. 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) 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]