Goto Section: 90.162 | 90.164 | Table of Contents

FCC 90.163
Revised as of
Goto Year:1996 | 1998
Sec. 90.163  Petitions to deny, responsive pleadings.

    Petitions to deny any major filing concerning facilities used to 
provide commercial mobile radio services may be filed by parties able to 
demonstrate standing to file such petitions. Responsive pleadings to 
such petitions may be filed in accordance with the provisions of this 
section.
    (a) Content and requirements. Petitions to deny and responsive 
pleadings must:
    (1) Clearly identify the pertinent major filing(s);
    (2) Comply with all applicable requirements of Secs. 1.41 through 
1.52 of this chapter;
    (3) Contain specific allegations of fact which, except for facts of 
which official notice may be taken, are supported by affidavit of a 
person or persons with personal knowledge thereof, and which are 
sufficient to demonstrate that the petitioner (or respondent) is a party 
in interest and that a grant or other Commission action regarding the 
major filing would be inconsistent with the public interest;
    (4) Be filed within 30 days after the date of the Public Notice 
listing the major filing; and
    (5) Contain a certificate of service showing that a copy has been 
mailed to the applicant no later than the date of filing with the 
Commission.
    (b) Expansion. Petitions to deny a major amendment to an application 
may raise only matters directly related to the major amendment that 
could not have been raised in connection with the application as 
originally filed. This paragraph does not apply to petitioners who gain 
standing because of the major amendment.
    (c) Dismissal. The Commission may, by letter, dismiss any petition 
to deny a major filing if the petition does not comply with the 
requirements of this section or Sec. 90.161. The reason(s) for the 
dismissal must be stated in the letter. When a petition to deny is 
dismissed, any related responsive pleadings also are dismissed.


Goto Section: 90.162 | 90.164

Goto Year: 1996 | 1998
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