Sec. 1.429  Petition for reconsideration.

    (a) Any interested person may petition for reconsideration of a 
final action in a proceeding conducted under this subpart (see 
Secs. 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 Sec. 1.420 and is authorized to make editorial changes in 
the rules (see Sec. 0.231(d)).

    (b) A petition for reconsideration which relies on facts which have 
not previously been presented to the Commission will be granted only 
under the following circumstances:
    (1) The facts relied on relate to events which have occurred or 
circumstances which have changed since the last opportunity to present 
them to the Commission;
    (2) The facts 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 in 
question prior to such opportunity; or
    (3) The Commission determines that consideration of the facts 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 Sec. 1.4(b) of these rules. 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.
    (e) Except as provided in Sec. 1.420(f), petitions for 
reconsideration need not be served on parties to the proceeding. 
(However, where the number of parties

[[Page 168]]

is relatively small, the Commission encourages the service of petitions 
for reconsideration and other pleadings, and agreements among parties to 
exchange copies of pleadings.) 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 Sec. 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 
Sec. 1.4(b). Oppositions shall not exceed 25 double-spaced typewritten 
pages.
    (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.
    (h) Petitions for reconsideration, oppositions and replies shall 
conform to the requirements of Secs. 1.49 and 1.52, except that they 
need not be verified. Except as provided in Sec. 1.420(e), an original 
and 11 copies shall be submitted to the Secretary, Federal 
Communications Commission, Washington, DC 20554.
    (i) The Commission may grant the petition for reconsideration in 
whole or in part or may deny the petition. Its order will contain a 
concise statement of the reasons for the action taken. Any order 
disposing of 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.
    (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, Sec. 1.420(f).

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 
154, 303, )
[41 307 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]

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