FCC 25.154 Revised as of October 1, 2014
Goto Year:2013 |
2015
§ 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) Reply comments by a party that filed a petition to deny may be
filed in response to pleadings filed pursuant to paragraph (c) or (e)
of this section within 5 days after expiration of the time for filing
oppositions unless the Commission 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) Within 30 days after a petition to deny an application filed
pursuant to § 25.220 is filed, the applicant may file an opposition to
the petition and must file a statement with the Commission, either in
conjunction with, or in lieu of, such opposition, explaining whether
the applicant has resolved all outstanding issues raised by the
petitioner. This statement and any conjoined opposition 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; 79 FR 8320 , Feb. 12, 2014]
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