§ 73.5006   Filing of petitions to deny against long-form applications.

   (a) As set forth in 47 CFR 1.2108, petitions to deny may be filed against
   the long-form applications filed by winning bidders in broadcast service
   auctions and against the long-form applications filed by applicants whose
   short-form  applications  were  not  mutually exclusive with any other
   applicant, or whose short-form applications were mutually exclusive only
   with one or more short-form applications for a noncommercial educational
   broadcast station, as described in 47 U.S.C. 397(6).

   (b)  Within  ten  (10)  days following the issuance of a public notice
   announcing  that  a  long-form application for an AM, FM or television
   construction permit has been accepted for filing, petitions to deny that
   application may be filed. Within fifteen (15) days following the issuance of
   a public notice announcing that a long-form application for a low-power
   television, television translator or FM translator construction permit has
   been accepted for filing, petitions to deny that application may be filed.
   Any such petitions must contain allegations of fact supported by affidavit
   of a person or persons with personal knowledge thereof.

   (c) An applicant may file an opposition to any petition to deny, and the
   petitioner  a reply to such opposition. Allegations of fact or denials
   thereof must be supported by affidavit of a person or persons with personal
   knowledge thereof. In the AM, FM and television broadcast services, the time
   for filing such oppositions shall be five (5) days from the filing date for
   petitions to deny, and the time for filing replies shall be five (5) days
   from  the  filing  date  for oppositions. In the low-power television,
   television translator and FM translator broadcast services, the time for
   filing such oppositions shall be fifteen (15) days from the filing date for
   petitions to deny, and the time for filing replies shall be ten (10) days
   from the filing date for oppositions.

   (d) Broadcast construction permits will be granted by the Commission only if
   the Commission denies or dismisses all petitions to deny, if any are filed,
   and is otherwise satisfied that an applicant is qualified, and after full
   and timely payment of winning bids and any applicable late fees. See 47 CFR
   73.5003. Construction of broadcast stations shall not commence until the
   grant of such permit or license to the winning bidder and only after full
   and timely payment of winning bids and any applicable late fees.

   [ 69 FR 72044 , Dec. 10, 2004, as amended at  71 FR 6228 , Feb. 7, 2006]

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