FCC 25.154 Revised as of October 1, 2013
Goto Year:2012 |
2014
§ 25.154 Opposition to applications and other pleadings.
(a) Petitions to deny, petitions for other forms of relief, and other
objections or comments must:
(1) Identify the application or applications (including applicant's
name, station location, Commission file numbers, and radio service
involved) with which it is concerned;
(2) Be filed within thirty (30) days after the date of public notice
announcing the acceptance for filing of the application or major
amendment thereto (unless the Commission otherwise extends the filing
deadline);
(3) Filed in accordance with the pleading limitations, periods and
other applicable provisions of § § 1.41 through 1.52 of this chapter,
except that such petitions must be filed electronically through the
International Bureau Filing System (IBFS) in accordance with the
applicable provisions of part 1, subpart Y of this chapter;
(4) Contain specific allegations of fact (except for those of which
official notice may be taken) to support the specific relief requested,
which shall be supported by affidavit of a person or persons with
personal knowledge thereof, and which shall be sufficient to
demonstrate that the petitioner (or respondent) is a party of interest
and that a grant of, or other Commission action regarding, the
application would be prima facie inconsistent with the public interest;
and
(5) Contain a certificate of service showing that it has been mailed to
the applicant no later than the date the pleading is filed with the
Commission.
(b) The Commission will classify as informal objections:
(1) Any pleading not filed in accordance with paragraph (a) of this
section;
(2) Any pleading to which the thirty (30) day public notice period of
§ 25.151 does not apply; or
(3) Any objections to the grant of an application when the objections
do not conform to either paragraph (a) of this section or to other
Commission rules and requirements.
(c) Except for opposition to petitions to deny an application filed
pursuant to § 25.220, oppositions to petitions to deny an application
or responses to comments and informal objections regarding an
application may be filed within 10 days after the petition, comment, or
objection is filed and must be in accordance with other applicable
provisions of § § 1.41 through 1.52 of this chapter, except that such
oppositions must be filed electronically through the International
Bureau Filing System (IBFS) in accordance with the applicable
provisions of part 1, subpart Y of this chapter.
(d) Except for opposition to petitions to deny an application filed
pursuant to § 25.220, reply comments by the party that filed the
original petition may be filed with respect to pleadings filed pursuant
to paragraph (c) of this section within 5 days after the time for
filing oppositions has expired unless the Commission otherwise extends
the filing deadline and must be in accordance with other applicable
provisions of § § 1.41 through 1.52 of this chapter, except that such
reply comments must be filed electronically through the International
Bureau Filing System (IBFS) in accordance with the applicable
provisions of part 1, subpart Y of this chapter.
(e) If a petition to deny an application filed pursuant to § 25.220 is
filed, the applicant must file a statement with the Commission
explaining whether the applicant has resolved all outstanding issues
raised by the petitioner, within 30 days of the date the petition for
deny is filed. This statement must be in accordance with the provisions
of § § 1.41 through 1.52 of this chapter applicable to oppositions to
petitions to deny, except that such reply comments must be filed
electronically through the International Bureau Filing System (IBFS) in
accordance with the applicable provisions of part 1, subpart Y of this
chapter.
[ 56 FR 24016 , May 28, 1991, as amended at 69 FR 47795 , Aug. 6, 2004; 70 FR 32254 , June 2, 2005]
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