Sec.  1.223   Petitions to intervene.

   (a) Where, in cases involving applications for construction permits and
   station licenses, or modifications or renewals thereof, the Commission has
   failed to notify and name as a party to the hearing any person who qualifies
   as a party in interest, such person may acquire the status of a party by
   filing,  under oath and not more than 30 days after the publication in
   theFederal  Registerof the hearing issues or any substantial amendment
   thereto, a petition for intervention showing the basis of its interest.
   Where such person's interest is based upon a claim that a grant of the
   application  would  cause  objectionable interference under applicable
   provisions of this chapter to such person as a licensee or permittee of an
   existing  or  authorized  station,  the  petition to intervene must be
   accompanied by an affidavit of a qualified radio engineer which shall show,
   either  by  following  the  procedures  prescribed in this chapter for
   determining  interference  in the absence of measurements or by actual
   measurements made in accordance with the methods prescribed in this chapter,
   the extent of such interference. Where the person's status as a party in
   interest is established, the petition to intervene will be granted.

   (b) Any other person desiring to participate as a party in any hearing may
   file a petition for leave to intervene not later than 30 days after the
   publication in theFederal Registerof the full text or a summary of the order
   designating an application for hearing or any substantial amendment thereto.
   The petition must set forth the interest of petitioner in the proceedings,
   must show how such petitioner's participation will assist the Commission in
   the determination of the issues in question, must set forth any proposed
   issues in addition to those already designated for hearing, and must be
   accompanied by the affidavit of a person with knowledge as to the facts set
   forth in the petition. The presiding officer, in his discretion, may grant
   or deny such petition or may permit intervention by such persons limited to
   a particular stage of the proceeding.

   (c) Any person desiring to file a petition for leave to intervene later than
   30 days after the publication in theFederal Registerof the full text or a
   summary  of  the  order  designating an application for hearing or any
   substantial amendment thereto shall set forth the interest of petitioner in
   the proceeding, show how such petitioner's participation will assist the
   Commission in the determination of the issues in question, must set forth
   any proposed issues in addition to those already designated for hearing, and
   must set forth reasons why it was not possible to file a petition within the
   time prescribed by paragraphs (a) and (b) of this section. Such petition
   shall be accompanied by the affidavit of a person with knowledge of the
   facts set forth in the petition, and where petitioner claims that a grant of
   the application would cause objectionable interference under applicable
   provisions of this chapter, the petition to intervene must be accompanied by
   the affidavit of a qualified radio engineer showing the extent of such
   alleged interference according to the methods prescribed in paragraph (a) of
   this section. If, in the opinion of the presiding officer, good cause is
   shown for the delay in filing, he may in his discretion grant such petition
   or may permit intervention limited to particular issues or to a particular
   stage of the proceeding.

   (Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309)

   [ 28 FR 12425 , Nov. 22, 1963, as amended at  29 FR 7821 , June 19, 1964;  41 FR 14872 , Apr. 8, 1976;  51 FR 19347 , May 29, 1986]