§  1.223   Petitions to intervene.

   (a) Where, in cases involving applications for construction permits and
   station licenses, or modifications or renewals thereof, the Commission
   has failed to notify and name as a party to the hearing 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 such person's interest is based upon a
   claim that a grant of the application would cause objectionable
   interference under applicable provisions of this chapter to such person
   as a licensee or permittee of an existing or authorized station, the
   petition to intervene must be accompanied by an affidavit of a
   qualified radio engineer which shall show, either by following the
   procedures prescribed in this chapter for determining interference in
   the absence of measurements or by actual measurements made in
   accordance with the methods prescribed in this chapter, the extent of
   such interference. 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
   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 an application 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 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 an application 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. Such petition shall be
   accompanied by the affidavit of a person with knowledge of the facts
   set forth in the petition, and where petitioner claims that a grant of
   the application would cause objectionable interference under applicable
   provisions of this chapter, the petition to intervene must be
   accompanied by the affidavit of a qualified radio engineer showing the
   extent of such alleged interference according to the methods prescribed
   in paragraph (a) of this section. If, in the opinion of the presiding
   officer, good cause is shown for the delay in filing, he may in his
   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)

   [ 28 FR 12425 , Nov. 22, 1963, as amended at  29 FR 7821 , June 19, 1964;
    41 FR 14872 , Apr. 8, 1976;  51 FR 19347 , May 29, 1986]