[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: 47CFR24.430]



[Page 247-248]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 24_PERSONAL COMMUNICATIONS SERVICES--Table of Contents

 

   Subpart G_Interim Application, Licensing and Processing Rules for 

                             Narrowband PCS

 

Sec. 24.430  Opposition to applications.



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

relief) and responsive pleadings for Commission consideration must 

comply with Sec. 1.2108 of this chapter and 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 

of this chapter except where otherwise provided in Sec. 1.2108 of this 

chapter;

    (3) Contain specific allegations of fact which, except for facts of 

which official notice may be taken, 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; and

    (4) Contain 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) A petition to deny a major amendment to a previously filed 

application may only raise matters directly related to the amendment 

which could not have been raised in connection with the underlying, 

previously filed



[[Page 248]]



application. This does not apply to petitioners who gain standing 

because of the major amendment.

    (c) Parties who file frivolous petitions to deny may be subject to 

sanctions including monetary forfeitures, license revocation, if they 

are FCC licensees, and may be prohibited from participating in future 

auctions.



[59 FR 44072, Aug. 26, 1994, as amended at 65 FR 35855, June 6, 2000]