Sec. 1.120  Protests of grants without hearing.

    (a) The provisions of this section shall not be applicable to any 
application: (1) Filed on or after December 12, 1960; (2) filed before 
December 12, 1960, but substantially amended (as defined in the 
applicable provisions of this chapter) on or after that date; or (3) 
filed before December 12, 1960, and not thereafter substantially 
amended, but with respect to which the rules in this chapter provide an 
opportunity for petitions to deny to be filed under section 309 of the 
Communications Act, as amended. See Secs. 1.580 and 1.962.
    (b) Where any instrument of authorization for a radio station, other 
than a license pursuant to a construction permit, has been granted 
without a hearing, any party in interest may file a protest directed to 
such grant and request a hearing on the application granted. Such 
protest shall be signed by the protestant and subscribed to under oath. 
Such protest must be filed with the Commission within 30 days after 
release of the document containing the full text of such action, or in 
case such a document is not released, after release of a ``Public 
Notice'' announcing the action in question and must separately set 
forth:
    (1) Such allegations of fact as will show the protestant to be a 
party in interest, i.e., a person aggrieved or whose interests are 
adversely affected by the Commission's authorization, protest of which 
is sought. Each such allegation of fact shall be separately stated.
    (2) Facts indicating the reasons why the grant was improperly made 
or would otherwise not be in the public interest. Each such reason shall 
be separately stated, and facts in support thereof shall be specified in 
detail and shall not include general non-specific conclusory arguments 
and allegations.
    (3) The specific issues upon which protestant wishes a hearing to be 
held, which issues must relate directly to a matter specified with 
particularity as part of paragraph (b)(2) of this section.
    (c) Arguments and citations of authority may be set forth in a brief 
accompanying the protest but must be excluded from the protest itself.
    (d) Oppositions to protests and briefs in support thereof shall 
contain all material, including that pertinent to the determination 
referred to in paragraph (i) of this section, deemed appropriate to the 
Commission's resolution of the protest. Such oppositions and supporting 
briefs must be filed within 10 days after the filing of such protest, 
and any replies to such oppositions must be filed within 5 days after 
the filing of the oppositions.
    (e) Protests, oppositions, and replies shall be filed with the 
Commission in original and 14 copies and shall be accompanied by proof 
of service upon the grantee or the protestant, as the case may be, and/
or their respective attorneys.
    (f) The Commission may upon consideration of a protest direct either 
the protestant or grantee or both to submit further statements of fact 
under oath relating to the matters raised in the protest.
    (g) Within 30 days from the date of the filing of the protest, the 
Commission will enter findings as to whether such protest meets the 
requirements set forth in paragraphs (b) (1) and (2) of this section. If 
the Commission finds that one of these requirements is not met, it will 
dismiss the protest. If the Commission finds that these requirements are 
met, it will designate the application in question for hearing. As to 
issues which the Commission believes present no grounds for setting 
aside the grant, even if the facts alleged were to be proven, the 
Commission may designate such issues for oral argument only. The other 
issues will be designated for evidentiary hearing except that the 
Commission may redraft the issues in accordance with the facts or

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substantive matters alleged in the protest and may also specify such 
additional issues as it deems desirable. In any evidentiary hearing 
subsequently held upon issues specified by the Commission, upon its own 
initiative or adopted by it, both the burden of proceeding with the 
introduction of evidence and the burden of proof shall be upon the 
grantee. With respect to issues resulting from facts set forth in the 
protest and not adopted or specified by the Commission on its own 
motion, both the burden of proceeding with the introduction of evidence 
and the burden of proof shall be upon the protestant.
    (h) The procedure in such protest hearing shall be governed by the 
provisions of subpart B of this part, except as otherwise provided in 
this section.
    (i) Pending hearing and decision, the effective date of the 
Commission's action to which protest is made shall be postponed to the 
effective date of the Commission's decision after hearing, unless the 
authorization involved is necessary to the maintenance or conduct of an 
existing service or unless the Commission affirmatively finds that the 
public interest requires that the grant remain in effect, in which event 
the Commission shall authorize the applicant to utilize the facilities 
or authorization in question pending the Commission's decision after 
hearing.

(Sec. 7, 66 Stat. 715, as amended. See, in particular, sec. 4 (a) and 
(d), 74 Stat. 889, 892; 47 U.S.C. )
[28 309 FR 12415 , Nov. 22, 1963, as amended at  28 FR 14503 , Dec. 31, 1963]

                     Subpart B--Hearing Proceedings

    Source:  28 FR 12425 , Nov. 22, 1963, unless otherwise noted.

    Editorial Note: Nomenclature changes to subpart B appear at  37 FR 19372 , Sept. 20, 1972.

                                 General