[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR21.30]



[Page 41-42]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 21_DOMESTIC PUBLIC FIXED RADIO SERVICES--Table of Contents

 

                   Subpart B_Applications and Licenses

 

Sec. 21.30  Opposition to applications.



    (a) Petitions to deny (including petitions for other forms of 

relief) and responsive pleadings for Commission consideration must:

    (1) Identify the application or applications (including applicant's 

name, station location, Commission file numbers and radio service 

involved) with which it is concerned;

    (2) Be filed in accordance with the pleading limitations, filing 

periods, and other applicable provisions of Sec. Sec. 1.41 through 

1.52, and 1.821 through 1.825;

    (3) Contain specific allegations of fact (except for those of which 

official notice may be taken), which shall be supported by affidavit of 

a person or persons with personal knowledge thereof, and which shall be 

sufficient to demonstrate that the petitioner (or respondent) is a party 

in interest and that a grant of, or other Commission action regarding, 

the application would be prima facie inconsistent with the public 

interest;

    (4) Except as provided in Sec. 21.902(i)(6) regarding Instructional 

Television Fixed Service licensees and conditional licensees, in Sec. 

21.909 regarding MDS response station hubs and in Sec. 21.913 regarding 

MDS booster stations, be filed within thirty (30) days after the date of 

public notice announcing the acceptance for filing of any such 

application or major amendment thereto, or identifying the tentative 

selectee of a random selection proceeding in the Multichannel Multipoint 

Distribution Service or for Multipoint Distribution Service H-channel 

stations (unless the Commission otherwise extends the filing deadline); 

and

    (5) Contains a certificate of service showing that it has been 

mailed to the applicant no later than the date of filing thereof with 

the Commission.

    (b) The Commission will classify as informal objections:

    (1) Any petition to deny not filed in accordance with paragraph (a) 

of this section;

    (2) Any petition to deny (or for other forms of relief) an 

application to which the thirty (30) day public notice period of Sec. 

21.27(c) does not apply; or

    (3) Any comments on, or objections to, the grant of an application 

when



[[Page 42]]



the comments or objections do not conform to either paragraph (a) of 

this section or other Commission rules and requirements.

    (c) The Commission will consider informal objections, but will not 

necessarily discuss them specifically in a formal opinion if:

    (1) The informal objection is filed at least one day before 

Commission action on the application; and

    (2) The informal objection is signed by the submitting person (or 

his representative) and discloses his interest.



[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 50 

FR 45614, Nov. 1, 1985; 52 FR 37779, Oct. 9, 1987; 55 FR 46009, Oct. 31, 

1990; 56 FR 57816, Nov. 14, 1991; 63 FR 65101, Nov. 25, 1998]