§  73.5006   Filing of petitions to deny against long-form applications.

   (a) As set forth in 47 CFR 1.2108, petitions to deny may be filed
   against the long-form applications filed by winning bidders in
   broadcast service auctions and against the long-form applications filed
   by applicants whose short-form applications were not mutually exclusive
   with any other applicant, or whose short-form applications were
   mutually exclusive only with one or more short-form applications for a
   noncommercial educational broadcast station, as described in 47 U.S.C.
   397(6).

   (b) Within ten (10) days following the issuance of a public notice
   announcing that a long-form application for an AM, FM or television
   construction permit has been accepted for filing, petitions to deny
   that application may be filed. Within fifteen (15) days following the
   issuance of a public notice announcing that a long-form application for
   a low-power television, television translator or FM translator
   construction permit has been accepted for filing, petitions to deny
   that application may be filed. 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. In the AM, FM and television broadcast
   services, the time for filing such oppositions shall be five (5) days
   from the filing date for petitions to deny, and the time for filing
   replies shall be five (5) days from the filing date for oppositions. In
   the low-power television, television translator and FM translator
   broadcast services, the time for filing such oppositions shall be
   fifteen (15) days from the filing date for petitions to deny, and the
   time for filing replies shall be ten (10) days from the filing date for
   oppositions.

   (d) Broadcast construction permits will be granted by the Commission
   only if the Commission denies or dismisses all petitions to deny, if
   any are filed, and is otherwise satisfied that an applicant is
   qualified, and after full and timely payment of winning bids and any
   applicable late fees. See 47 CFR 73.5003. Construction of broadcast
   stations shall not commence until the grant of such permit or license
   to the winning bidder and only after full and timely payment of winning
   bids and any applicable late fees.

   [ 69 FR 72044 , Dec. 10, 2004, as amended at  71 FR 6228 , Feb. 7, 2006]

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