§  1.106   Petitions for reconsideration.

   (a)(1) Petitions requesting reconsideration of a final Commission
   action will be acted on by the Commission. Petitions requesting
   reconsideration of other final actions taken pursuant to delegated
   authority will be acted on by the designated authority or referred by
   such authority to the Commission. A petition for reconsideration of an
   order designating a case for hearing will be entertained if, and
   insofar as, the petition relates to an adverse ruling with respect to
   petitioner's participation in the proceeding. Petitions for
   reconsideration of other interlocutory actions will not be entertained.
   (For provisions governing reconsideration of Commission action in
   notice and comment rule making proceedings, see § 1.429. This § 1.106
   does not govern reconsideration of such actions.)

   (2) Within the period allowed for filing a petition for
   reconsideration, any party to the proceeding may request the presiding
   officer to certify to the Commission the question as to whether, on
   policy in effect at the time of designation or adopted since
   designation, and undisputed facts, a hearing should be held. If the
   presiding officer finds that there is substantial doubt, on established
   policy and undisputed facts, that a hearing should be held, he will
   certify the policy question to the Commission with a statement to that
   effect. No appeal may be filed from an order denying such a request.
   See also, § § 1.229 and 1.251.

   (b)(1) Subject to the limitations set forth in paragraph (b)(2) of this
   section, any party to the proceeding, or any other person whose
   interests are adversely affected by any action taken by the Commission
   or by the designated authority, may file a petition requesting
   reconsideration of the action taken. If the petition is filed by a
   person who is not a party to the proceeding, it shall state with
   particularity the manner in which the person's interests are adversely
   affected by the action taken, and shall show good reason why it was not
   possible for him to participate in the earlier stages of the
   proceeding.

   (2) Where the Commission has denied an application for review, a
   petition for reconsideration will be entertained only if one or more of
   the following circumstances is present:

   (i) The petition relies on facts which relate to events which have
   occurred or circumstances which have changed since the last opportunity
   to present such matters; or

   (ii) The petition relies on facts unknown to petitioner until after his
   last opportunity to present such matters which could not, through the
   exercise of ordinary diligence, have been learned prior to such
   opportunity.

   (3) A petition for reconsideration of an order denying an application
   for review which fails to rely on new facts or changed circumstances
   may be dismissed by the staff as repetitious.

   (c) A petition for reconsideration which relies on facts not previously
   presented to the Commission or to the designated authority may be
   granted only under the following circumstances:

   (1) The facts fall within one or more of the categories set forth in
   § 1.106(b)(2); or

   (2) The Commission or the designated authority determines that
   consideration of the facts relied on is required in the public
   interest.

   (d)(1) The petition shall state with particularity the respects in
   which petitioner believes the action taken by the Commission or the
   designated authority should be changed. The petition shall state
   specifically the form or relief sought and, subject to this
   requirement, may contain alternative requests.

   (2) The petition for reconsideration shall also, where appropriate,
   cite the findings of fact and/or conclusions of law which petitioner
   believes to be erroneous, and shall state with particularity the
   respects in which he believes such findings and conclusions should be
   changed. The petition may request that additional findings of fact and
   conclusions of law be made.

   (e) Where a petition for reconsideration is based upon a claim of
   electrical interference, under appropriate rules in this chapter, to an
   existing station or a station for which a construction permit is
   outstanding, such petition, in addition to meeting the other
   requirements of this section, must be accompanied by an affidavit of a
   qualified radio engineer. Such affidavit shall show, either by
   following the procedures set forth 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, that
   electrical interference will be caused to the station within its
   normally protected contour.

   (f) The petition for reconsideration and any supplement thereto shall
   be filed within 30 days from the date of public notice of the final
   Commission action, as that date is defined in § 1.4(b) of these rules,
   and shall be served upon parties to the proceeding. The petition for
   reconsideration shall not exceed 25 double spaced typewritten pages. No
   supplement or addition to a petition for reconsideration which has not
   been acted upon by the Commission or by the designated authority, filed
   after expiration of the 30 day period, will be considered except upon
   leave granted upon a separate pleading for leave to file, which shall
   state the grounds therefor.

   (g) Oppositions to a petition for reconsideration shall be filed within
   10 days after the petition is filed, and shall be served upon
   petitioner and parties to the proceeding. Oppositions shall not exceed
   25 double spaced typewritten pages.

   (h) Petitioner may reply to oppositions within seven days after the
   last day for filing oppositions, and any such reply shall be served
   upon parties to the proceeding. Replies shall not exceed 10 double
   spaced typewritten pages, and shall be limited to matters raised in the
   opposition.

   (i) Petitions for reconsideration, oppositions, and replies shall
   conform to the requirements of § § 1.49, 1.51, and 1.52 and shall be
   submitted to the Secretary, Federal Communications Commission,
   Washington, D.C., 20554.

   (j) The Commission or designated authority may grant the petition for
   reconsideration in whole or in part or may deny the petition. Its order
   will contain a concise statement of the reasons for the action taken.
   Where the petition for reconsideration relates to an instrument of
   authorization granted without hearing, the Commission or designated
   authority will take such action within 90 days after the petition is
   filed.

   (k)(1) If the Commission or the designated authority grants the
   petition for reconsideration in whole or in part, it may, in its
   decision:

   (i) Simultaneously reverse or modify the order from which
   reconsideration is sought;

   (ii) Remand the matter to a bureau or other Commission personnel for
   such further proceedings, including rehearing, as may be appropriate;
   or

   (iii) Order such other proceedings as may be necessary or appropriate.

   (2) If the Commission or designated authority initiates further
   proceedings, a ruling on the merits of the matter will be deferred
   pending completion of such proceedings. Following completion of such
   further proceedings, the Commission or designated authority may affirm,
   reverse, or modify its original order, or it may set aside the order
   and remand the matter for such further proceedings, including
   rehearing, as may be appropriate.

   (3) Any order disposing of a petition for reconsideration which
   reverses or modifies the original order is subject to the same
   provisions with respect to reconsideration as the original order. In no
   event, however, shall a ruling which denies a petition for
   reconsideration be considered a modification of the original order. A
   petition for reconsideration of an order which has been previously
   denied on reconsideration may be dismissed by the staff as repetitious.

   Note: For purposes of this section, the word “order” refers to that
   portion of its action wherein the Commission announces its judgment.
   This should be distinguished from the “memorandum opinion” or other
   material which often accompany and explain the order.

   (l) No evidence other than newly discovered evidence, evidence which
   has become available only since the original taking of evidence, or
   evidence which the Commission or the designated authority believes
   should have been taken in the original proceeding shall be taken on any
   rehearing ordered pursuant to the provisions of this section.

   (m) The filing of a petition for reconsideration is not a condition
   precedent to judicial review of any action taken by the Commission or
   by the designated authority, except where the person seeking such
   review was not a party to the proceeding resulting in the action, or
   relies on questions of fact or law upon which the Commission or
   designated authority has been afforded no opportunity to pass. (See
   § 1.115(c).) Persons in those categories who meet the requirements of
   this section may qualify to seek judicial review by filing a petition
   for reconsideration.

   (n) Without special order of the Commission, the filing of a petition
   for reconsideration shall not excuse any person from complying with or
   obeying any decision, order, or requirement of the Commission, or
   operate in any manner to stay or postpone the enforcement thereof.
   However, upon good cause shown, the Commission will stay the
   effectiveness of its order or requirement pending a decision on the
   petition for reconsideration. (This paragraph applies only to actions
   of the Commission en banc. For provisions applicable to actions under
   delegated authority, see § 1.102.)

   (o) Petitions for reconsideration of licensing actions, as well as
   oppositions and replies thereto, that are filed with respect to the
   Wireless Radio Services, may be filed electronically via ULS.

   (Secs. 4, 303, 307, 405, 48 Stat., as amended, 1066, 1082, 1083, 1095;
   47 U.S.C. 154, 303, 307, 405)

   [ 28 FR 12415 , Nov. 22, 1963, as amended at  37 FR 7507 , Apr. 15, 1972;
    41 FR 1287 , Jan. 7, 1976;  44 FR 60294 , Oct. 19, 1979;  46 FR 18556 , Mar.
   25, 1981;  62 FR 4170 , Jan. 29, 1997;  63 FR 68920 , Dec. 14, 1998]