Goto Section: 101.41 | 101.45 | Table of Contents

FCC 101.43
Revised as of
Goto Year:1996 | 1998
Sec. 101.43  Opposition to applications.

    (a) Any party in interest may file with the Commission a petition to 
deny any application for which public notice is required. All such 
petitions must:
    (1) Identify the application or applications including applicant's 
name, station location, Commission file numbers and radio service 
involved with which it is concerned;
    (2) Be filed in accordance with the pleading limitations, filing 
periods, and other applicable provisions of this part and part 1 of this 
chapter;
    (3) Contain specific allegations of fact (except for those of which 
official notice may be taken), supported by affidavit of a person or 
persons with personal knowledge thereof and be 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;
    (4) Be filed within thirty (30) days after the date of public notice 
announcing the acceptance for filing of such applications or major 
amendments thereto, or, identifying the tentative selectee of a random 
selection proceeding (unless the Commission otherwise extends the 
deadline); and
    (5) Contain a certificate of service showing that the applicant has 
been mailed a copy of the petition no later than the date on which the 
petition is filed with the Commission.
    (b) The applicant 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 must be supported by an affidavit of a person or persons 
with personal knowledge thereof and be clearly identified. The applicant 
must serve a copy of the opposition on the petitioner, and the 
petitioner must serve a copy of its reply on the applicant. The time for 
filing such oppositions and replies are provided in Sec. 1.45 of this 
chapter.
    (c) Notwithstanding the provisions of paragraph (a) of this section, 
before Commission action on any application for an instrument of 
authorization, any person may file informal objections to the grant. The 
Commission will consider informal objections, but not necessarily 
discuss them in a written opinion, if the objection is filed at least 
one day prior to action on the application

[[Page 738]]

and the objection is signed by the submitting person with a disclosure 
of that person's interest. Such objections may be submitted in letter 
form. The limitation on pleadings and time for filing pleadings provided 
for in Sec. 1.45 of this chapter will not be applicable to any 
objections duly filed pursuant to this paragraph.
    (d) Petitions to deny not filed in accordance with paragraph (a) of 
this section will be treated as informal objections.


Goto Section: 101.41 | 101.45

Goto Year: 1996 | 1998
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