§ 1.223   Petitions to intervene.

   (a) Where, in cases involving applications for construction permits and
   station licenses, or modifications or renewals thereof, the Commission has
   failed to notify and name as a party to the hearing any person who qualifies
   as a party in interest, such person may acquire the status of a party by
   filing, under oath and not more than 30 days after the publication in the
   Federal Register of the hearing issues or any substantial amendment thereto,
   a petition for intervention showing the basis of its interest. Where such
   person's interest is based upon a claim that a grant of the application
   would cause objectionable interference under applicable provisions of this
   chapter  to  such  person as a licensee or permittee of an existing or
   authorized station, the petition to intervene must be accompanied by an
   affidavit  of  a  qualified radio engineer which shall show, either by
   following  the  procedures  prescribed 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, the extent of
   such interference. Where the person's status as a party in interest is
   established, the petition to intervene will be granted.

   (b) Any other person desiring to participate as a party in any hearing may
   file a petition for leave to intervene not later than 30 days after the
   publication in the Federal Register of the full text or a summary of the
   order designating an application for hearing or any substantial amendment
   thereto. The petition must set forth the interest of petitioner in the
   proceedings, must show how such petitioner's participation will assist the
   Commission in the determination of the issues in question, must set forth
   any proposed issues in addition to those already designated for hearing, and
   must be accompanied by the affidavit of a person with knowledge as to the
   facts set forth in the petition. The presiding officer, in his discretion,
   may grant or deny such petition or may permit intervention by such persons
   limited to a particular stage of the proceeding.

   (c) Any person desiring to file a petition for leave to intervene later than
   30 days after the publication in the Federal Register of the full text or a
   summary  of  the  order  designating an application for hearing or any
   substantial amendment thereto shall set forth the interest of petitioner in
   the proceeding, show how such petitioner's participation will assist the
   Commission in the determination of the issues in question, must set forth
   any proposed issues in addition to those already designated for hearing, and
   must set forth reasons why it was not possible to file a petition within the
   time prescribed by paragraphs (a) and (b) of this section. Such petition
   shall be accompanied by the affidavit of a person with knowledge of the
   facts set forth in the petition, and where petitioner claims that a grant of
   the application would cause objectionable interference under applicable
   provisions of this chapter, the petition to intervene must be accompanied by
   the affidavit of a qualified radio engineer showing the extent of such
   alleged interference according to the methods prescribed in paragraph (a) of
   this section. If, in the opinion of the presiding officer, good cause is
   shown for the delay in filing, he may in his discretion grant such petition
   or may permit intervention limited to particular issues or to a particular
   stage of the proceeding.

   (Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309)

   [ 28 FR 12425 , Nov. 22, 1963, as amended at  29 FR 7821 , June 19, 1964;  41 FR 14872 , Apr. 8, 1976;  51 FR 19347 , May 29, 1986]

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