FCC 1.939 Revised as of October 1, 2014
Goto Year:2013 |
§ 1.939 Petitions to deny.
(a) Who may file. Any party in interest may file with the Commission a
petition to deny any application listed in a Public Notice as accepted
for filing, whether as filed originally or upon major amendment as
defined in § 1.929 of this part.
(1) For auctionable license applications, petitions to deny and related
pleadings are governed by the procedures set forth in § 1.2108 of this
(2) Petitions to deny for non-auctionable applications that are subject
to petitions under § 309(d) of the Communications Act must comply with
the provisions of this section and must be filed no later than 30 days
after the date of the Public Notice listing the application or major
amendment to the application as accepted for filing.
(b) Filing of petitions. Petitions to deny and related pleadings may be
filed electronically via ULS. Manually filed petitions to deny must be
filed with the Office of the Secretary, 445 12th Street, SW.,
Washington, DC 20554. Attachments to manually filed applications may be
filed on a standard 31/4 '' magnetic diskette formatted to be readable
by high density floppy drives operating under MS-DOS (version 3.X or
later compatible versions). Each diskette submitted must contain an
ASCII text file listing each filename and a brief description of the
contents of each file on the diskette. The files on the diskette, other
than the table of contents, should be in Adobe Acrobat Portable
Document Format (PDF) whenever possible. Petitions to deny and related
pleadings must reference the file number of the pending application
that is the subject of the petition.
(c) Service. A petitioner shall serve a copy of its petition to deny on
the applicant and on all other interested parties pursuant to § 1.47.
Oppositions and replies shall be served on the petitioner and all other
(d) Content. A petition to deny must contain specific allegations of
fact sufficient to make a prima facie showing that the petitioner is a
party in interest and that a grant of the application would be
inconsistent with the public interest, convenience and necessity. Such
allegations of fact, except for those of which official notice may be
taken, shall be supported by affidavit of a person or persons with
personal knowledge thereof.
(e) Petitions to deny amended applications. 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.
(f) Oppositions and replies. The applicant and any other interested
party may file an opposition to any petition to deny and the petitioner
may file a reply thereto in which allegations of fact or denials
thereof, except for those of which official notice may be taken, shall
be supported by affidavit of a person or persons with personal
knowledge thereof. Time for filing of oppositions and replies is
governed by § 1.45 of this part for non-auctionable services and
§ 1.2108 of this part for auctionable services.
(g) Dismissal of petition. The Commission may dismiss any petition to
deny that does not comply with the requirements of this section if the
issues raised become moot, or if the petitioner or his/her attorney
fails to appear at a settlement conference pursuant to § 1.956 of this
part. The reasons for the dismissal will be stated in the dismissal
letter or order. When a petition to deny is dismissed, any related
responsive pleadings are also dismissed
(h) Grant of petitioned application. If a petition to deny has been
filed and the Commission grants the application, the Commission will
dismiss or deny the petition by issuing a concise statement of the
reason(s) for dismissing or denying the petition, disposing of all
substantive issues raised in the petition.
[ 63 FR 68931 , Dec. 14, 1998, as amended at 64 FR 53240 , Oct. 1, 1999;
70 FR 61058 , Oct. 20, 2005; 71 FR 15619 , Mar. 29, 2006; 74 FR 68544 ,
Dec. 28, 2009]
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