Goto Section: 1.104 | 1.108 | Table of Contents

FCC 1.106
Revised as of February 18, 2020
Goto Year:2019 | 2021
  § 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
   proceeding.

   (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
   circumstances:

   (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
   public interest.

   (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
   opposition.

   (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
   decision:

   (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;
   or

   (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
   for reconsideration.

   (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
   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)(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: 2019 | 2021
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