Goto Section: 1.2107 | 1.2109 | Table of Contents
Revised as of December 4, 2012
Goto Year:2011 |
§ 1.2108 Procedures for filing petitions to deny against long-form
(a) Where petitions to deny are otherwise provided for under the Act or
the commission's Rules, and unless other service-specific procedures
for the filing of such petitions are provided for elsewhere in the
Commission's Rules, the procedures in this section shall apply to the
filing of petitions to deny the long-form applications of winning
(b) Within a period specified by Public Notice and after the Commission
by Public Notice announces that long-form applications have been
accepted for filing, petitions to deny such applications may be filed.
The period for filing petitions to deny shall be no more than ten (10)
days. The appropriate licensing Bureau, within its discretion, may, in
exigent circumstances, reduce this period of time to no less than five
(5) days. Any such petitions must contain allegations of fact supported
by affidavit of a person or persons with personal knowledge thereof.
(c) An applicant may file an opposition to any petition to deny, and
the petitioner a reply to such opposition. Allegations of fact or
denials thereof must be supported by affidavit of a person or persons
with personal knowledge thereof. The time for filing such oppositions
shall be at least five (5) days from the filing date for petitions to
deny, and the time for filing replies shall be at least five (5) days
from the filing date for oppositions. The Commission may grant a
license based on any long-form application that has been accepted for
filing. The Commission shall in no case grant licenses earlier than
seven (7) days following issuance of a public notice announcing
long-form applications have been accepted for filing.
(d) If the Commission determines that:
(1) An applicant is qualified and there is no substantial and material
issue of fact concerning that determination, it will grant the
(2) An applicant is not qualified and that there is no substantial
issue of fact concerning that determination, the Commission need not
hold an evidentiary hearing and will deny the application.
(3) Substantial and material issues of fact require a hearing, it will
conduct a hearing. The Commission may permit all or part of the
evidence to be submitted in written form and may permit employees other
than administrative law judges to preside at the taking of written
evidence. Such hearing will be conducted on an expedited basis.
[ 59 FR 44293 , Aug. 26, 1994, as amended at 63 FR 2343 , Jan. 15, 1998;
65 FR 52345 , Aug. 29, 2000]
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Goto Section: 1.2107 | 1.2109
Goto Year: 2011 |
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