Goto Section: 1.117 | 1.201 | Table of Contents
FCC 1.120
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 1.120 Protests of grants without hearing.
(a) The provisions of this section shall not be applicable to any
application: (1) Filed on or after December 12, 1960; (2) filed before
December 12, 1960, but substantially amended (as defined in the
applicable provisions of this chapter) on or after that date; or (3)
filed before December 12, 1960, and not thereafter substantially
amended, but with respect to which the rules in this chapter provide an
opportunity for petitions to deny to be filed under section 309 of the
Communications Act, as amended. See § § 1.580 and 1.962.
(b) Where any instrument of authorization for a radio station, other
than a license pursuant to a construction permit, has been granted
without a hearing, any party in interest may file a protest directed to
such grant and request a hearing on the application granted. Such
protest shall be signed by the protestant and subscribed to under oath.
Such protest must be filed with the Commission within 30 days after
release of the document containing the full text of such action, or in
case such a document is not released, after release of a "Public
Notice" announcing the action in question and must separately set
forth:
(1) Such allegations of fact as will show the protestant to be a party
in interest, i.e., a person aggrieved or whose interests are adversely
affected by the Commission's authorization, protest of which is sought.
Each such allegation of fact shall be separately stated.
(2) Facts indicating the reasons why the grant was improperly made or
would otherwise not be in the public interest. Each such reason shall
be separately stated, and facts in support thereof shall be specified
in detail and shall not include general non-specific conclusory
arguments and allegations.
(3) The specific issues upon which protestant wishes a hearing to be
held, which issues must relate directly to a matter specified with
particularity as part of paragraph (b)(2) of this section.
(c) Arguments and citations of authority may be set forth in a brief
accompanying the protest but must be excluded from the protest itself.
(d) Oppositions to protests and briefs in support thereof shall contain
all material, including that pertinent to the determination referred to
in paragraph (i) of this section, deemed appropriate to the
Commission's resolution of the protest. Such oppositions and supporting
briefs must be filed within 10 days after the filing of such protest,
and any replies to such oppositions must be filed within 5 days after
the filing of the oppositions.
(e) Protests, oppositions, and replies shall be filed with the
Commission in original and 14 copies and shall be accompanied by proof
of service upon the grantee or the protestant, as the case may be,
and/or their respective attorneys.
(f) The Commission may upon consideration of a protest direct either
the protestant or grantee or both to submit further statements of fact
under oath relating to the matters raised in the protest.
(g) Within 30 days from the date of the filing of the protest, the
Commission will enter findings as to whether such protest meets the
requirements set forth in paragraphs (b) (1) and (2) of this section.
If the Commission finds that one of these requirements is not met, it
will dismiss the protest. If the Commission finds that these
requirements are met, it will designate the application in question for
hearing. As to issues which the Commission believes present no grounds
for setting aside the grant, even if the facts alleged were to be
proven, the Commission may designate such issues for oral argument
only. The other issues will be designated for evidentiary hearing
except that the Commission may redraft the issues in accordance with
the facts or substantive matters alleged in the protest and may also
specify such additional issues as it deems desirable. In any
evidentiary hearing subsequently held upon issues specified by the
Commission, upon its own initiative or adopted by it, both the burden
of proceeding with the introduction of evidence and the burden of proof
shall be upon the grantee. With respect to issues resulting from facts
set forth in the protest and not adopted or specified by the Commission
on its own motion, both the burden of proceeding with the introduction
of evidence and the burden of proof shall be upon the protestant.
(h) The procedure in such protest hearing shall be governed by the
provisions of subpart B of this part, except as otherwise provided in
this section.
(i) Pending hearing and decision, the effective date of the
Commission's action to which protest is made shall be postponed to the
effective date of the Commission's decision after hearing, unless the
authorization involved is necessary to the maintenance or conduct of an
existing service or unless the Commission affirmatively finds that the
public interest requires that the grant remain in effect, in which
event the Commission shall authorize the applicant to utilize the
facilities or authorization in question pending the Commission's
decision after hearing.
(Sec. 7, 66 Stat. 715, as amended. See, in particular, sec. 4 (a) and
(d), 74 Stat. 889, 892; 47 U.S.C. 309)
[ 28 FR 12415 , Nov. 22, 1963, as amended at 28 FR 14503 , Dec. 31, 1963]
Subpart B--Hearing Proceedings
Source: 28 FR 12425 , Nov. 22, 1963, unless otherwise noted.
General
Goto Section: 1.117 | 1.201
Goto Year: 2010 |
2012
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