Sec. 74.912  Petitions to deny.

    (a) Any party in interest may file with the Commission a petition to 
deny any application for new facilities or major changes in the 
facilities of authorized stations, provided such petitions are filed by 
the date established pursuant to the cut-off provisions of 
Sec. 74.911(c). In the case of all other applications, except those 
excluded under section 309(c) of the Communications Act of 1934, as 
amended, petitions to deny must be filed not later than 30 days after 
issuance of a public notice of the acceptance for filing of the 
applications. In the case of applications for renewal of license, 
petitions to deny may be filed after the issuance of a public notice of 
acceptance for filing of the applications and up until the first day of 
the last full calendar month of the expiring license term.
    (b) The applicant file an opposition to any petition to deny, and 
the petitioner a reply to such opposition in which allegations of fact 
or denials thereof shall be supported by affidavit of a person or 
persons with personal knowledge thereof. The times for filing such 
oppositions and replies shall be those provided in Sec. 1.45 of this 
chapter.
    (c) Only petitions to deny filed against a tentative selectee 
(Sec. 74.913) will be considered. If the petition does not present 
substantial and material

[[Page 457]]

questions of fact warranting a hearing, the petition will be denied and 
the tentative selectee will be granted a license where, upon 
examination, the Mass Media Bureau finds that other pertinent 
requirements have been met and the public interest, convenience and 
necessity would be served. Where necessary, the points of the 
application will be modified to comport with any findings made as a 
result of the review. In the event that the tentative selectee's 
application is denied or its point total reduced, the point system 
process will be repeated, where necessary, to determine the tentative 
selectee or applicants qualifying for the random tie-breaker. If, upon 
examination, a substantial and material question of fact is found and 
the Bureau is unable to find that the public interest, convenience and 
necessity will be served by granting the application of the tentative 
selectee pursuant to the point system, its application will be 
designated for hearing pursuant to section 309 of the Communications Act 
of 1934, as amended. Petitions for reconsideration, motions to stay, or 
applications for review may be submitted at the time the Bureau grants 
or denies the application of the tentative selectee pursuant to the 
filing periods specified in Sec. 1.45 of this chapter.

[ 50 FR 26759 , June 28, 1985]