Goto Section: 90.162 | 90.164 | Table of Contents
FCC 90.163
Revised as of
Goto Year:1996 |
1998
Sec. 90.163 Petitions to deny, responsive pleadings.
Petitions to deny any major filing concerning facilities used to
provide commercial mobile radio services may be filed by parties able to
demonstrate standing to file such petitions. Responsive pleadings to
such petitions may be filed in accordance with the provisions of this
section.
(a) Content and requirements. Petitions to deny and responsive
pleadings must:
(1) Clearly identify the pertinent major filing(s);
(2) Comply with all applicable requirements of Secs. 1.41 through
1.52 of this chapter;
(3) Contain specific allegations of fact which, except for facts of
which official notice may be taken, are supported by affidavit of a
person or persons with personal knowledge thereof, and which are
sufficient to demonstrate that the petitioner (or respondent) is a party
in interest and that a grant or other Commission action regarding the
major filing would be inconsistent with the public interest;
(4) Be filed within 30 days after the date of the Public Notice
listing the major filing; and
(5) Contain a certificate of service showing that a copy has been
mailed to the applicant no later than the date of filing with the
Commission.
(b) Expansion. Petitions to deny a major amendment to an application
may raise only matters directly related to the major amendment that
could not have been raised in connection with the application as
originally filed. This paragraph does not apply to petitioners who gain
standing because of the major amendment.
(c) Dismissal. The Commission may, by letter, dismiss any petition
to deny a major filing if the petition does not comply with the
requirements of this section or Sec. 90.161. The reason(s) for the
dismissal must be stated in the letter. When a petition to deny is
dismissed, any related responsive pleadings also are dismissed.
Goto Section: 90.162 | 90.164
Goto Year: 1996 |
1998
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