Goto Section: 1.427 | 1.430 | Table of Contents
FCC 1.429
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.429 Petition for reconsideration of final orders in rulemaking
proceedings.
(a) Any interested person may petition for reconsideration of a final action
in a proceeding conducted under this subpart (see § § 1.407 and 1.425). Where
the action was taken by the Commission, the petition will be acted on by the
Commission. Where action was taken by a staff official under delegated
authority, the petition may be acted on by the staff official or referred to
the Commission for action.
Note: The staff has been authorized to act on rulemaking proceedings
described in § 1.420 and is authorized to make editorial changes in the rules
(see § 0.231(d)).
(b) A petition for reconsideration which relies on facts or arguments which
have not previously been presented to the Commission will be granted only
under the following circumstances:
(1) The facts or arguments relied on relate to events which have occurred or
circumstances which have changed since the last opportunity to present such
matters to the Commission;
(2) The facts or arguments relied on were unknown to petitioner until after
his last opportunity to present them to the Commission, and he could not
through the exercise of ordinary diligence have learned of the facts or
arguments in question prior to such opportunity; or
(3) The Commission determines that consideration of the facts or arguments
relied on is required in the public interest.
(c) The petition for reconsideration shall state with particularity the
respects in which petitioner believes the action taken should be changed.
(d) The petition for reconsideration and any supplement thereto shall be
filed within 30 days from the date of public notice of such action, as that
date is defined in § 1.4(b). No supplement to a petition for reconsideration
filed after expiration of the 30 day period will be considered, except upon
leave granted pursuant to a separate pleading stating the grounds for
acceptance of the supplement. The petition for reconsideration shall not
exceed 25 double-spaced typewritten pages. See also § 1.49(f).
(e) Except as provided in § 1.420(f), petitions for reconsideration need not
be served on parties to the proceeding. (However, where the number of
parties is relatively small, the Commission encourages the service of
petitions for reconsideration and other pleadings, and agreements among
parties to exchange copies of pleadings. See also § 1.47(d) regarding
electronic service of documents.) When a petition for reconsideration is
timely filed in proper form, public notice of its filing is published in the
Federal Register. The time for filing oppositions to the petition runs from
the date of public notice. See § 1.4(b).
(f) Oppositions to a petition for reconsideration shall be filed within 15
days after the date of public notice of the petition's filing and need be
served only on the person who filed the petition. See also § 1.49(d).
Oppositions shall not exceed 25 double-spaced typewritten pages. See
§ 1.49(f).
(g) Replies to an opposition shall be filed within 10 days after the time
for filing oppositions has expired and need be served only on the person who
filed the opposition. Replies shall not exceed 10 double-spaced typewritten
pages. See also § § 1.49(d) and 1.49(f).
(h) Petitions for reconsideration, oppositions and replies shall conform to
the requirements of § § 1.49 and 1.52, except that they need not be verified.
Except as provided in § 1.420(e), an original and 11 copies shall be
submitted to the Secretary, Federal Communications Commission, Washington,
DC 20554, by mail, by commercial courier, by hand, or by electronic
submission through the Commission's Electronic Comment Filing System.
Petitions submitted only by electronic mail and petitions submitted directly
to staff without submission to the Secretary shall not be considered to have
been properly filed. Parties filing in electronic form need only submit one
copy.
(i) The Commission may grant the petition for reconsideration in whole or in
part or may deny or dismiss the petition. Its order will contain a concise
statement of the reasons for the action taken. Any order addressing a
petition for reconsideration which modifies rules adopted by the original
order is, to the extent of such modification, subject to reconsideration in
the same manner as the original order. Except in such circumstance, a second
petition for reconsideration may be dismissed by the staff as repetitious.
In no event shall a ruling which denies a petition for reconsideration be
considered a modification of the original order.
(j) The filing of a petition for reconsideration is not a condition
precedent to judicial review of any action taken by the Commission, 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 has been afforded no opportunity to pass. Subject to the
provisions of paragraph (b) of this section, such a person may qualify to
seek judicial review by filing a petition for reconsideration.
(k) Without special order of the Commission, the filing of a petition for
reconsideration shall not excuse any person from complying with any rule or
operate in any manner to stay or postpone its enforcement. However, upon
good cause shown, the Commission will stay the effective date of a rule
pending a decision on a petition for reconsideration. See, however,
§ 1.420(f).
(l) Petitions for reconsideration of a Commission action that plainly do not
warrant consideration by the Commission may be dismissed or denied by the
relevant bureau(s) or office(s). Examples include, but are not limited to,
petitions that:
(1) Fail to identify any material error, omission, or reason warranting
reconsideration;
(2) Rely on facts or arguments which have not previously been presented to
the Commission and which do not meet the requirements of paragraphs (b)(1)
through (3) of this section;
(3) Rely on arguments that have been fully considered and rejected by the
Commission within the same proceeding;
(4) Fail to state with particularity the respects in which petitioner
believes the action taken should be changed as required by paragraph (c) of
this section;
(5) Relate to matters outside the scope of the order for which
reconsideration is sought;
(6) Omit information required by these rules to be included with a petition
for reconsideration;
(7) Fail to comply with the procedural requirements set forth in paragraphs
(d), (e), and (h) of this section;
(8) Relate to an order for which reconsideration has been previously denied
on similar grounds, except for petitions which could be granted under
paragraph (b) of this section; or
(9) Are untimely.
(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154,
303, 307)
[ 41 FR 1287 , Jan. 7, 1976, as amended at 44 FR 5436 , Jan. 26, 1979; 46 FR 18556 , Mar. 25, 1981; 52 FR 49161 , Dec. 30, 1987; 63 FR 24126 , May 1, 1998;
76 FR 24392 , May 2, 2011]
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Goto Section: 1.427 | 1.430
Goto Year: 2014 |
2016
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