Goto Section: 21.29 | 21.31

FCC 21.30
Revised as of January 7, 2005
Goto Year:2004 | 2006
Sec.  21.30   Opposition to applications.

   

   (a) Petitions to deny (including petitions for other forms of relief)
   and responsive pleadings for Commission consideration 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 Sec. Sec. 1.41 through 1.52, and
   1.821 through 1.825;

   (3) Contain specific allegations of fact (except for those of which
   official notice may be taken), which shall be supported by affidavit
   of a person or persons with personal knowledge thereof, and which
   shall be sufficient to demonstrate that the petitioner (or respondent)
   is a party in interest and that a grant of, or other Commission action
   regarding, the application would be prima facie inconsistent with the
   public interest;

   (4) Except as provided in Sec. 21.902(i)(6) regarding Instructional
   Television Fixed Service licensees and conditional licensees, in
   Sec. 21.909 regarding MDS response station hubs and in Sec. 21.913 regarding
   MDS booster stations, be filed within thirty (30) days after the date
   of public notice announcing the acceptance for filing of any such
   application or major amendment thereto, or identifying the tentative
   selectee of a random selection proceeding in the Multichannel
   Multipoint Distribution Service or for Multipoint Distribution Service
   H-channel stations (unless the Commission otherwise extends the filing
   deadline); and

   (5) Contains a certificate of service showing that it has been mailed
   to the applicant no later than the date of filing thereof with the
   Commission.

   (b) The Commission will classify as informal objections:

   (1) Any petition to deny not filed in accordance with paragraph (a) of
   this section;

   (2) Any petition to deny (or for other forms of relief) an application
   to which the thirty (30) day public notice period of Sec. 21.27(c) does
   not apply; or

   (3) Any comments on, or objections to, the grant of an application
   when the comments or objections do not conform to either paragraph (a)
   of this section or other Commission rules and requirements.

   (c) The Commission will consider informal objections, but will not
   necessarily discuss them specifically in a formal opinion if:

   (1) The informal objection is filed at least one day before Commission
   action on the application; and

   (2) The informal objection is signed by the submitting person (or his
   representative) and discloses his interest.

   [ 44 FR 60534 , Oct. 19, 1979, as amended at  50 FR 5993 , Feb. 13, 1985;
    50 FR 45614 , Nov. 1, 1985;  52 FR 37779 , Oct. 9, 1987;  55 FR 46009 ,
   Oct. 31, 1990;  56 FR 57816 , Nov. 14, 1991;  63 FR 65101 , Nov. 25, 1998]


Goto Section: 21.29 | 21.31

Goto Year: 2004 | 2006
CiteFind - See documents on FCC website that cite this rule

Report errors in this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please help us improve these rules by clicking the Report FCC Rule Errors link to report an error.