§ 1.429   Petition for reconsideration of final orders in rulemaking
proceedings.

   (a) Any interested person may petition for reconsideration of a final action
   in a proceeding conducted under this subpart (see § § 1.407 and 1.425). Where
   the action was taken by the Commission, the petition will be acted on by the
   Commission. Where action was taken by a staff official under delegated
   authority, the petition may be acted on by the staff official or referred to
   the Commission for action.

   Note:  The  staff has been authorized to act on rulemaking proceedings
   described in § 1.420 and is authorized to make editorial changes in the rules
   (see § 0.231(d)).

   (b) A petition for reconsideration which relies on facts or arguments which
   have not previously been presented to the Commission will be granted only
   under the following circumstances:

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

   (2) The facts or arguments relied on were 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; or

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

   (c) The petition for reconsideration shall state with particularity the
   respects in which petitioner believes the action taken should be changed.

   (d) The petition for reconsideration and any supplement thereto shall be
   filed within 30 days from the date of public notice of such action, as that
   date is defined in § 1.4(b). No supplement to a petition for reconsideration
   filed after expiration of the 30 day period will be considered, except upon
   leave  granted pursuant to a separate pleading stating the grounds for
   acceptance of the supplement. The petition for reconsideration shall not
   exceed 25 double-spaced typewritten pages. See also § 1.49(f).

   (e) Except as provided in § 1.420(f), petitions for reconsideration need not
   be  served on parties to the proceeding. (However, where the number of
   parties  is relatively small, the Commission encourages the service of
   petitions for reconsideration and other pleadings, and agreements among
   parties  to  exchange copies of pleadings. See also § 1.47(d) regarding
   electronic service of documents.) When a petition for reconsideration is
   timely filed in proper form, public notice of its filing is published in the
   Federal Register. The time for filing oppositions to the petition runs from
   the date of public notice. See § 1.4(b).

   (f) Oppositions to a petition for reconsideration shall be filed within 15
   days after the date of public notice of the petition's filing and need be
   served  only  on the person who filed the petition. See also § 1.49(d).
   Oppositions  shall  not exceed 25 double-spaced typewritten pages. See
   § 1.49(f).

   (g) Replies to an opposition shall be filed within 10 days after the time
   for filing oppositions has expired and need be served only on the person who
   filed the opposition. Replies shall not exceed 10 double-spaced typewritten
   pages. See also § § 1.49(d) and 1.49(f).

   (h) Petitions for reconsideration, oppositions and replies shall conform to
   the requirements of § § 1.49 and 1.52, except that they need not be verified.
   Except  as  provided  in § 1.420(e), an original and 11 copies 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.
   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.

   (i) The Commission 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. Any order addressing a
   petition for reconsideration which modifies rules adopted by the original
   order is, to the extent of such modification, subject to reconsideration in
   the same manner as the original order. Except in such circumstance, a second
   petition for reconsideration may be dismissed by the staff as repetitious.
   In no event shall a ruling which denies a petition for reconsideration be
   considered a modification of the original order.

   (j)  The  filing  of a petition for reconsideration is not a condition
   precedent to judicial review of any action taken by the Commission, 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  has  been  afforded no opportunity to pass. Subject to the
   provisions of paragraph (b) of this section, such a person may qualify to
   seek judicial review by filing a petition for reconsideration.

   (k) Without special order of the Commission, the filing of a petition for
   reconsideration shall not excuse any person from complying with any rule or
   operate in any manner to stay or postpone its enforcement. However, upon
   good cause shown, the Commission will stay the effective date of a rule
   pending  a  decision  on a petition for reconsideration. See, however,
   § 1.420(f).

   (l) 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)(1)
   through (3) 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 (c) 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;

   (7) Fail to comply with the procedural requirements set forth in paragraphs
   (d), (e), and (h) 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 (b) of this section; or

   (9) Are untimely.

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

   [ 41 FR 1287 , Jan. 7, 1976, as amended at  44 FR 5436 , Jan. 26, 1979;  46 FR 18556 , Mar. 25, 1981;  52 FR 49161 , Dec. 30, 1987;  63 FR 24126 , May 1, 1998;
    76 FR 24392 , May 2, 2011]

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