Goto Section: 1.104 | 1.108 | Table of Contents
Revised as of October 1, 2014
Goto Year:2013 |
§ 1.106 Petitions for reconsideration in non-rulemaking proceedings.
(a)(1) Except as provided in paragraphs (b)(3) and (p) of this section,
petitions requesting reconsideration of a final Commission action in
non-rulemaking proceedings will be acted on by the Commission.
Petitions requesting reconsideration of other final actions taken
pursuant to delegated authority will be acted on by the designated
authority or referred by such authority to the Commission. A petition
for reconsideration of an order designating a case for hearing will be
entertained if, and insofar as, the petition relates to an adverse
ruling with respect to petitioner's participation in the proceeding.
Petitions for reconsideration of other interlocutory actions will not
be entertained. (For provisions governing reconsideration of Commission
action in notice and comment rulemaking proceedings, see § 1.429. This
§ 1.106 does not govern reconsideration of such actions.)
(2) Within the period allowed for filing a petition for
reconsideration, any party to the proceeding may request the presiding
officer to certify to the Commission the question as to whether, on
policy in effect at the time of designation or adopted since
designation, and undisputed facts, a hearing should be held. If the
presiding officer finds that there is substantial doubt, on established
policy and undisputed facts, that a hearing should be held, he will
certify the policy question to the Commission with a statement to that
effect. No appeal may be filed from an order denying such a request.
See also, § § 1.229 and 1.251.
(b)(1) Subject to the limitations set forth in paragraph (b)(2) of this
section, any party to the proceeding, or any other person whose
interests are adversely affected by any action taken by the Commission
or by the designated authority, may file a petition requesting
reconsideration of the action taken. If the petition is filed by a
person who is not a party to the proceeding, it shall state with
particularity the manner in which the person's interests are adversely
affected by the action taken, and shall show good reason why it was not
possible for him to participate in the earlier stages of the
(2) Where the Commission has denied an application for review, a
petition for reconsideration will be entertained only if one or more of
the following circumstances are present:
(i) The petition relies on facts or arguments which relate to events
which have occurred or circumstances which have changed since the last
opportunity to present such matters to the Commission; or
(ii) The petition relies on facts or arguments 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.
(3) A petition for reconsideration of an order denying an application
for review which fails to rely on new facts or changed circumstances
may be dismissed by the staff as repetitious.
(c) In the case of any order other than an order denying an application
for review, a petition for reconsideration which relies on facts or
arguments not previously presented to the Commission or to the
designated authority may be granted only under the following
(1) The facts or arguments fall within one or more of the categories
set forth in § 1.106(b)(2); or
(2) The Commission or the designated authority determines that
consideration of the facts or arguments relied on is required in the
(d)(1) A petition for reconsideration shall state with particularity
the respects in which petitioner believes the action taken by the
Commission or the designated authority should be changed. The petition
shall state specifically the form of relief sought and, subject to this
requirement, may contain alternative requests.
(2) A petition for reconsideration of a decision that sets forth formal
findings of fact and conclusions of law shall also cite the findings
and/or conclusions which petitioner believes to be erroneous, and shall
state with particularity the respects in which he believes such
findings and/or conclusions should be changed. The petition may request
that additional findings of fact and/or conclusions of law be made.
(e) Where a petition for reconsideration is based upon a claim of
electrical interference, under appropriate rules in this chapter, to an
existing station or a station for which a construction permit is
outstanding, such petition, in addition to meeting the other
requirements of this section, must be accompanied by an affidavit of a
qualified radio engineer. Such affidavit shall show, either by
following the procedures set forth 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, that
electrical interference will be caused to the station within its
normally protected contour.
(f) The petition for reconsideration and any supplement thereto shall
be filed within 30 days from the date of public notice of the final
Commission action, as that date is defined in § 1.4(b) of these rules,
and shall be served upon parties to the proceeding. The petition for
reconsideration shall not exceed 25 double spaced typewritten pages. No
supplement or addition to a petition for reconsideration which has not
been acted upon by the Commission or by the designated authority, filed
after expiration of the 30 day period, will be considered except upon
leave granted upon a separate pleading for leave to file, which shall
state the grounds therefor.
(g) Oppositions to a petition for reconsideration shall be filed within
10 days after the petition is filed, and shall be served upon
petitioner and parties to the proceeding. Oppositions shall not exceed
25 double spaced typewritten pages.
(h) Petitioner may reply to oppositions within seven days after the
last day for filing oppositions, and any such reply shall be served
upon parties to the proceeding. Replies shall not exceed 10 double
spaced typewritten pages, and shall be limited to matters raised in the
(i) Petitions for reconsideration, oppositions, and replies shall
conform to the requirements of § § 1.49, 1.51, and 1.52 and 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 or other electronic filing system (such as ULS).
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.
(j) The Commission or designated authority 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. Where the petition for reconsideration relates to an
instrument of authorization granted without hearing, the Commission or
designated authority will take such action within 90 days after the
petition is filed.
(k)(1) If the Commission or the designated authority grants the
petition for reconsideration in whole or in part, it may, in its
(i) Simultaneously reverse or modify the order from which
reconsideration is sought;
(ii) Remand the matter to a bureau or other Commission personnel for
such further proceedings, including rehearing, as may be appropriate;
(iii) Order such other proceedings as may be necessary or appropriate.
(2) If the Commission or designated authority initiates further
proceedings, a ruling on the merits of the matter will be deferred
pending completion of such proceedings. Following completion of such
further proceedings, the Commission or designated authority may affirm,
reverse, or modify its original order, or it may set aside the order
and remand the matter for such further proceedings, including
rehearing, as may be appropriate.
(3) Any order disposing of a petition for reconsideration which
reverses or modifies the original order is subject to the same
provisions with respect to reconsideration as the original order. In no
event, however, shall a ruling which denies a petition for
reconsideration be considered a modification of the original order. A
petition for reconsideration of an order which has been previously
denied on reconsideration may be dismissed by the staff as repetitious.
Note: For purposes of this section, the word "order" refers to that
portion of its action wherein the Commission announces its judgment.
This should be distinguished from the "memorandum opinion" or other
material which often accompany and explain the order.
(l) No evidence other than newly discovered evidence, evidence which
has become available only since the original taking of evidence, or
evidence which the Commission or the designated authority believes
should have been taken in the original proceeding shall be taken on any
rehearing ordered pursuant to the provisions of this section.
(m) The filing of a petition for reconsideration is not a condition
precedent to judicial review of any action taken by the Commission or
by the designated authority, 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 or
designated authority has been afforded no opportunity to pass. (See
§ 1.115(c).) Persons in those categories who meet the requirements of
this section may qualify to seek judicial review by filing a petition
(n) Without special order of the Commission, the filing of a petition
for reconsideration shall not excuse any person from complying with or
obeying any decision, order, or requirement of the Commission, or
operate in any manner to stay or postpone the enforcement thereof.
However, upon good cause shown, the Commission will stay the
effectiveness of its order or requirement pending a decision on the
petition for reconsideration. (This paragraph applies only to actions
of the Commission en banc. For provisions applicable to actions under
delegated authority, see § 1.102.)
(o) Petitions for reconsideration of licensing actions, as well as
oppositions and replies thereto, that are filed with respect to the
Wireless Radio Services, may be filed electronically via ULS.
(p) 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
(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)(2), (b)(3), or (c) 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
(d) 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, such as the affidavit required by
paragraph (e) of this section (relating to electrical interference);
(7) Fail to comply with the procedural requirements set forth in
paragraphs (f) and (i) 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 (c) of this section; or
(9) Are untimely.
(Secs. 4, 303, 307, 405, 48 Stat., as amended, 1066, 1082, 1083, 1095;
47 U.S.C. 154, 303, 307, 405)
[ 28 FR 12415 , Nov. 22, 1963, as amended at 37 FR 7507 , Apr. 15, 1972;
41 FR 1287 , Jan. 7, 1976; 44 FR 60294 , Oct. 19, 1979; 46 FR 18556 , Mar.
25, 1981; 62 FR 4170 , Jan. 29, 1997; 63 FR 68920 , Dec. 14, 1998; 76 FR 24391 , May 2, 2011]
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Goto Section: 1.104 | 1.108
Goto Year: 2013 |
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