§ 1.106   Petitions for reconsideration in non-rulemaking proceedings.

   (a)(1) Except as provided in paragraphs (b)(3) and (p) of this section,
   petitions  requesting  reconsideration of a final Commission action in
   non-rulemaking proceedings will be acted on by the Commission. Petitions
   requesting  reconsideration  of  other final actions taken pursuant to
   delegated authority will be acted on by the designated authority or referred
   by such authority to the Commission. A petition for reconsideration of an
   order designating a case for hearing will be entertained if, and insofar as,
   the petition relates to an adverse ruling with respect to petitioner's
   participation in the proceeding. Petitions for reconsideration of other
   interlocutory actions will not be entertained. (For provisions governing
   reconsideration  of Commission action in notice and comment rulemaking
   proceedings, see § 1.429. This § 1.106 does not govern reconsideration of such
   actions.)

   (2) Within the period allowed for filing a petition for reconsideration, any
   party to the proceeding may request the presiding officer to certify to the
   Commission the question as to whether, on policy in effect at the time of
   designation or adopted since designation, and undisputed facts, a hearing
   should be held. If the presiding officer finds that there is substantial
   doubt, on established policy and undisputed facts, that a hearing should be
   held, he will certify the policy question to the Commission with a statement
   to that effect. No appeal may be filed from an order denying such a request.
   See also, § § 1.229 and 1.251.

   (b)(1) Subject to the limitations set forth in paragraph (b)(2) of this
   section, any party to the proceeding, or any other person whose interests
   are adversely affected by any action taken by the Commission or by the
   designated authority, may file a petition requesting reconsideration of the
   action taken. If the petition is filed by a person who is not a party to the
   proceeding,  it shall state with particularity the manner in which the
   person's interests are adversely affected by the action taken, and shall
   show good reason why it was not possible for him to participate in the
   earlier stages of the proceeding.

   (2) Where the Commission has denied an application for review, a petition
   for reconsideration will be entertained only if one or more of the following
   circumstances are present:

   (i) The petition relies on facts or arguments which relate to events which
   have occurred or circumstances which have changed since the last opportunity
   to present such matters to the Commission; or

   (ii) The petition relies on facts or arguments 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.

   (3) A petition for reconsideration of an order denying an application for
   review which fails to rely on new facts or changed circumstances may be
   dismissed by the staff as repetitious.

   (c) In the case of any order other than an order denying an application for
   review, a petition for reconsideration which relies on facts or arguments
   not previously presented to the Commission or to the designated authority
   may be granted only under the following circumstances:

   (1) The facts or arguments fall within one or more of the categories set
   forth in § 1.106(b)(2); or

   (2) The Commission or the designated authority determines that consideration
   of the facts or arguments relied on is required in the public interest.

   (d)(1) A petition for reconsideration shall state with particularity the
   respects in which petitioner believes the action taken by the Commission or
   the  designated  authority should be changed. The petition shall state
   specifically the form of relief sought and, subject to this requirement, may
   contain alternative requests.

   (2) A petition for reconsideration of a decision that sets forth formal
   findings of fact and conclusions of law shall also cite the findings and/or
   conclusions which petitioner believes to be erroneous, and shall state with
   particularity  the  respects in which he believes such findings and/or
   conclusions should be changed. The petition may request that additional
   findings of fact and/or conclusions of law be made.

   (e) Where a petition for reconsideration is based upon a claim of electrical
   interference,  under appropriate rules in this chapter, to an existing
   station or a station for which a construction permit is outstanding, such
   petition, in addition to meeting the other requirements of this section,
   must be accompanied by an affidavit of a qualified radio engineer. Such
   affidavit shall show, either by following the procedures set forth in this
   chapter for determining interference in the absence of measurements, or by
   actual measurements made in accordance with the methods prescribed in this
   chapter, that electrical interference will be caused to the station within
   its normally protected contour.

   (f) The petition for reconsideration and any supplement thereto shall be
   filed within 30 days from the date of public notice of the final Commission
   action, as that date is defined in § 1.4(b) of these rules, and shall be
   served upon parties to the proceeding. The petition for reconsideration
   shall  not exceed 25 double spaced typewritten pages. No supplement or
   addition to a petition for reconsideration which has not been acted upon by
   the Commission or by the designated authority, filed after expiration of the
   30 day period, will be considered except upon leave granted upon a separate
   pleading for leave to file, which shall state the grounds therefor.

   (g) Oppositions to a petition for reconsideration shall be filed within 10
   days after the petition is filed, and shall be served upon petitioner and
   parties to the proceeding. Oppositions shall not exceed 25 double spaced
   typewritten pages.

   (h) Petitioner may reply to oppositions within seven days after the last day
   for filing oppositions, and any such reply shall be served upon parties to
   the proceeding. Replies shall not exceed 10 double spaced typewritten pages,
   and shall be limited to matters raised in the opposition.

   (i) Petitions for reconsideration, oppositions, and replies shall conform to
   the requirements of § § 1.49, 1.51, and 1.52 and 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 or other electronic filing
   system  (such as ULS). 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.

   (j)  The Commission or designated authority 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.
   Where  the  petition  for  reconsideration relates to an instrument of
   authorization  granted  without  hearing, the Commission or designated
   authority will take such action within 90 days after the petition is filed.

   (k)(1) If the Commission or the designated authority grants the petition for
   reconsideration in whole or in part, it may, in its decision:

   (i) Simultaneously reverse or modify the order from which reconsideration is
   sought;

   (ii) Remand the matter to a bureau or other Commission personnel for such
   further proceedings, including rehearing, as may be appropriate; or

   (iii) Order such other proceedings as may be necessary or appropriate.

   (2) If the Commission or designated authority initiates further proceedings,
   a ruling on the merits of the matter will be deferred pending completion of
   such proceedings. Following completion of such further proceedings, the
   Commission  or designated authority may affirm, reverse, or modify its
   original order, or it may set aside the order and remand the matter for such
   further proceedings, including rehearing, as may be appropriate.

   (3) Any order disposing of a petition for reconsideration which reverses or
   modifies the original order is subject to the same provisions with respect
   to reconsideration as the original order. In no event, however, shall a
   ruling  which  denies  a  petition for reconsideration be considered a
   modification of the original order. A petition for reconsideration of an
   order which has been previously denied on reconsideration may be dismissed
   by the staff as repetitious.

   Note: For purposes of this section, the word “order” refers to that portion
   of its action wherein the Commission announces its judgment. This should be
   distinguished from the “memorandum opinion” or other material which often
   accompany and explain the order.

   (l) No evidence other than newly discovered evidence, evidence which has
   become available only since the original taking of evidence, or evidence
   which the Commission or the designated authority believes should have been
   taken in the original proceeding shall be taken on any rehearing ordered
   pursuant to the provisions of this section.

   (m)  The  filing  of a petition for reconsideration is not a condition
   precedent to judicial review of any action taken by the Commission or by the
   designated authority, 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 or designated authority has been
   afforded  no  opportunity  to  pass. (See § 1.115(c).) Persons in those
   categories who meet the requirements of this section may qualify to seek
   judicial review by filing a petition for reconsideration.

   (n) Without special order of the Commission, the filing of a petition for
   reconsideration shall not excuse any person from complying with or obeying
   any decision, order, or requirement of the Commission, or operate in any
   manner to stay or postpone the enforcement thereof. However, upon good cause
   shown,  the  Commission  will  stay  the effectiveness of its order or
   requirement pending a decision on the petition for reconsideration. (This
   paragraph applies only to actions of the Commission en banc. For provisions
   applicable to actions under delegated authority, see § 1.102.)

   (o)  Petitions  for  reconsideration  of licensing actions, as well as
   oppositions and replies thereto, that are filed with respect to the Wireless
   Radio Services, may be filed electronically via ULS.

   (p) 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)(2),
   (b)(3), or (c) 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 (d) 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, such as the affidavit required by paragraph (e) of this
   section (relating to electrical interference);

   (7) Fail to comply with the procedural requirements set forth in paragraphs
   (f) and (i) 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 (c) of this section; or

   (9) Are untimely.

   (Secs. 4, 303, 307, 405, 48 Stat., as amended, 1066, 1082, 1083, 1095; 47
   U.S.C. 154, 303, 307, 405)

   [ 28 FR 12415 , Nov. 22, 1963, as amended at  37 FR 7507 , Apr. 15, 1972;  41 FR 1287 , Jan. 7, 1976;  44 FR 60294 , Oct. 19, 1979;  46 FR 18556 , Mar. 25, 1981;
    62 FR 4170 , Jan. 29, 1997;  63 FR 68920 , Dec. 14, 1998;  76 FR 24391 , May 2,
   2011]

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