§ 1.939   Petitions to deny.

   (a) Who may file. Any party in interest may file with the Commission a
   petition to deny any application listed in a Public Notice as accepted for
   filing, whether as filed originally or upon major amendment as defined in
   § 1.929 of this part.

   (1) For auctionable license applications, petitions to deny and related
   pleadings are governed by the procedures set forth in § 1.2108 of this part.

   (2) Petitions to deny for non-auctionable applications that are subject to
   petitions under § 309(d) of the Communications Act must comply with the
   provisions of this section and must be filed no later than 30 days after the
   date of the Public Notice listing the application or major amendment to the
   application as accepted for filing.

   (b) Filing of petitions. Petitions to deny and related pleadings may be
   filed electronically via ULS. Manually filed petitions to deny must be filed
   with the Office of the Secretary, 445 12th Street, SW., Washington, DC
   20554. Attachments to manually filed applications may be filed on a standard
   31⁄4 ″ magnetic diskette formatted to be readable by high density floppy
   drives operating under MS-DOS (version 3.X or later compatible versions).
   Each  diskette  submitted must contain an ASCII text file listing each
   filename  and  a brief description of the contents of each file on the
   diskette. The files on the diskette, other than the table of contents,
   should be in Adobe Acrobat Portable Document Format (PDF) whenever possible.
   Petitions to deny and related pleadings must reference the file number of
   the pending application that is the subject of the petition.

   (c) Service. A petitioner shall serve a copy of its petition to deny on the
   applicant and on all other interested parties pursuant to § 1.47. Oppositions
   and replies shall be served on the petitioner and all other interested
   parties.

   (d) Content. A petition to deny must contain specific allegations of fact
   sufficient to make a prima facie showing that the petitioner is a party in
   interest and that a grant of the application would be inconsistent with the
   public interest, convenience and necessity. Such allegations of fact, except
   for those of which official notice may be taken, shall be supported by
   affidavit of a person or persons with personal knowledge thereof.

   (e)  Petitions to deny amended applications. Petitions to deny a major
   amendment to an application may raise only matters directly related to the
   major amendment that could not have been raised in connection with the
   application  as  originally  filed.  This  paragraph does not apply to
   petitioners who gain standing because of the major amendment.

   (f) Oppositions and replies. The applicant and any other interested party
   may file an opposition to any petition to deny and the petitioner may file a
   reply thereto in which allegations of fact or denials thereof, except for
   those of which official notice may be taken, shall be supported by affidavit
   of a person or persons with personal knowledge thereof. Time for filing of
   oppositions  and  replies  is  governed  by  § 1.45  of  this  part for
   non-auctionable services and § 1.2108 of this part for auctionable services.

   (g) Dismissal of petition. The Commission may dismiss any petition to deny
   that does not comply with the requirements of this section if the issues
   raised become moot, or if the petitioner or his/her attorney fails to appear
   at a settlement conference pursuant to § 1.956 of this part. The reasons for
   the  dismissal will be stated in the dismissal letter or order. When a
   petition to deny is dismissed, any related responsive pleadings are also
   dismissed

   (h) Grant of petitioned application. If a petition to deny has been filed
   and the Commission grants the application, the Commission will dismiss or
   deny  the petition by issuing a concise statement of the reason(s) for
   dismissing or denying the petition, disposing of all substantive issues
   raised in the petition.

   [ 63 FR 68931 , Dec. 14, 1998, as amended at  64 FR 53240 , Oct. 1, 1999;  70 FR 61058 , Oct. 20, 2005;  71 FR 15619 , Mar. 29, 2006;  74 FR 68544 , Dec. 28,
   2009]

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