§  1.429   Petition for reconsideration of final orders in rulemaking
proceedings.

   (a) Any interested person may petition for reconsideration of a final
   action in a proceeding conducted under this subpart (see § § 1.407 and
   1.425). Where the action was taken by the Commission, the petition will
   be acted on by the Commission. Where action was taken by a staff
   official under delegated authority, the petition may be acted on by the
   staff official or referred to the Commission for action.

   Note: The staff has been authorized to act on rulemaking proceedings
   described in § 1.420 and is authorized to make editorial changes in the
   rules (see § 0.231(d)).

   (b) A petition for reconsideration which relies on facts or arguments
   which have not previously been presented to the Commission will be
   granted only under the following circumstances:

   (1) The facts or arguments relied on relate to events which have
   occurred or circumstances which have changed since the last opportunity
   to present such matters to the Commission;

   (2) The facts or arguments relied on were unknown to petitioner until
   after his last opportunity to present them to the Commission, and he
   could not through the exercise of ordinary diligence have learned of
   the facts or arguments in question prior to such opportunity; or

   (3) The Commission determines that consideration of the facts or
   arguments relied on is required in the public interest.

   (c) The petition for reconsideration shall state with particularity the
   respects in which petitioner believes the action taken should be
   changed.

   (d) The petition for reconsideration and any supplement thereto shall
   be filed within 30 days from the date of public notice of such action,
   as that date is defined in § 1.4(b). No supplement to a petition for
   reconsideration filed after expiration of the 30 day period will be
   considered, except upon leave granted pursuant to a separate pleading
   stating the grounds for acceptance of the supplement. The petition for
   reconsideration shall not exceed 25 double-spaced typewritten pages.
   See also § 1.49(f).

   (e) Except as provided in § 1.420(f), petitions for reconsideration need
   not be served on parties to the proceeding. (However, where the number
   of parties is relatively small, the Commission encourages the service
   of petitions for reconsideration and other pleadings, and agreements
   among parties to exchange copies of pleadings. See also § 1.47(d)
   regarding electronic service of documents.) When a petition for
   reconsideration is timely filed in proper form, public notice of its
   filing is published in the Federal Register. The time for filing
   oppositions to the petition runs from the date of public notice. See
   § 1.4(b).

   (f) Oppositions to a petition for reconsideration shall be filed within
   15 days after the date of public notice of the petition's filing and
   need be served only on the person who filed the petition. See also
   § 1.49(d). Oppositions shall not exceed 25 double-spaced typewritten
   pages. See § 1.49(f).

   (g) Replies to an opposition shall be filed within 10 days after the
   time for filing oppositions has expired and need be served only on the
   person who filed the opposition. Replies shall not exceed 10
   double-spaced typewritten pages. See also § § 1.49(d) and 1.49(f).

   (h) Petitions for reconsideration, oppositions and replies shall
   conform to the requirements of § § 1.49 and 1.52, except that they need
   not be verified. Except as provided in § 1.420(e), an original and 11
   copies shall be submitted to the Secretary, Federal Communications
   Commission, Washington, DC 20554, by mail, by commercial courier, by
   hand, or by electronic submission through the Commission's Electronic
   Comment Filing System. Petitions submitted only by electronic mail and
   petitions submitted directly to staff without submission to the
   Secretary shall not be considered to have been properly filed. Parties
   filing in electronic form need only submit one copy.

   (i) The Commission may grant the petition for reconsideration in whole
   or in part or may deny or dismiss the petition. Its order will contain
   a concise statement of the reasons for the action taken. Any order
   addressing a petition for reconsideration which modifies rules adopted
   by the original order is, to the extent of such modification, subject
   to reconsideration in the same manner as the original order. Except in
   such circumstance, a second petition for reconsideration may be
   dismissed by the staff as repetitious. In no event shall a ruling which
   denies a petition for reconsideration be considered a modification of
   the original order.

   (j) The filing of a petition for reconsideration is not a condition
   precedent to judicial review of any action taken by the Commission,
   except where the person seeking such review was not a party to the
   proceeding resulting in the action or relies on questions of fact or
   law upon which the Commission has been afforded no opportunity to pass.
   Subject to the provisions of paragraph (b) of this section, such a
   person may qualify to seek judicial review by filing a petition for
   reconsideration.

   (k) Without special order of the Commission, the filing of a petition
   for reconsideration shall not excuse any person from complying with any
   rule or operate in any manner to stay or postpone its enforcement.
   However, upon good cause shown, the Commission will stay the effective
   date of a rule pending a decision on a petition for reconsideration.
   See, however, § 1.420(f).

   (l) Petitions for reconsideration of a Commission action that plainly
   do not warrant consideration by the Commission may be dismissed or
   denied by the relevant bureau(s) or office(s). Examples include, but
   are not limited to, petitions that:

   (1) Fail to identify any material error, omission, or reason warranting
   reconsideration;

   (2) Rely on facts or arguments which have not previously been presented
   to the Commission and which do not meet the requirements of paragraphs
   (b)(1) through (3) of this section;

   (3) Rely on arguments that have been fully considered and rejected by
   the Commission within the same proceeding;

   (4) Fail to state with particularity the respects in which petitioner
   believes the action taken should be changed as required by paragraph
   (c) of this section;

   (5) Relate to matters outside the scope of the order for which
   reconsideration is sought;

   (6) Omit information required by these rules to be included with a
   petition for reconsideration;

   (7) Fail to comply with the procedural requirements set forth in
   paragraphs (d), (e), and (h) of this section;

   (8) Relate to an order for which reconsideration has been previously
   denied on similar grounds, except for petitions which could be granted
   under paragraph (b) of this section; or

   (9) Are untimely.

   (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C.
   154, 303, 307)

   [ 41 FR 1287 , Jan. 7, 1976, as amended at  44 FR 5436 , Jan. 26, 1979;  46 FR 18556 , Mar. 25, 1981;  52 FR 49161 , Dec. 30, 1987;  63 FR 24126 , May
   1, 1998;  76 FR 24392 , May 2, 2011]

   

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