Sec.  1.106   Petitions for reconsideration.

   (a)(1) Petitions requesting reconsideration of a final Commission action
   will be acted on by the Commission. Petitions requesting reconsideration of
   other final actions taken pursuant to delegated authority will be acted on
   by the designated authority or referred by such authority to the Commission.
   A petition for reconsideration of an order designating a case for hearing
   will be entertained if, and insofar as, the petition relates to an adverse
   ruling with respect to petitioner's participation in the proceeding.
   Petitions for reconsideration of other interlocutory actions will not be
   entertained. (For provisions governing reconsideration of Commission action
   in notice and comment rule making proceedings, see  Sec. 1.429. This  Sec. 1.106 does
   not govern reconsideration of such actions.)

   (2) Within the period allowed for filing a petition for reconsideration, any
   party to the proceeding may request the presiding officer to certify to the
   Commission the question as to whether, on policy in effect at the time of
   designation or adopted since designation, and undisputed facts, a hearing
   should be held. If the presiding officer finds that there is substantial
   doubt, on established policy and undisputed facts, that a hearing should be
   held, he will certify the policy question to the Commission with a statement
   to that effect. No appeal may be filed from an order denying such a request.
   See also,  Sec.  Sec. 1.229 and 1.251.

   (b)(1) Subject to the limitations set forth in paragraph (b)(2) of this
   section, any party to the proceeding, or any other person whose interests
   are adversely affected by any action taken by the Commission or by the
   designated authority, may file a petition requesting reconsideration of the
   action taken. If the petition is filed by a person who is not a party to the
   proceeding, it shall state with particularity the manner in which the
   person's interests are adversely affected by the action taken, and shall
   show good reason why it was not possible for him to participate in the
   earlier stages of the proceeding.

   (2) Where the Commission has denied an application for review, a petition
   for reconsideration will be entertained only if one or more of the following
   circumstances is present:

   (i) The petition relies on facts which relate to events which have occurred
   or circumstances which have changed since the last opportunity to present
   such matters; or

   (ii) The petition relies on facts unknown to petitioner until after his last
   opportunity to present such matters which could not, through the exercise of
   ordinary diligence, have been learned prior to such opportunity.

   (3) A petition for reconsideration of an order denying an application for
   review which fails to rely on new facts or changed circumstances may be
   dismissed by the staff as repetitious.

   (c) A petition for reconsideration which relies on facts not previously
   presented to the Commission or to the designated authority may be granted
   only under the following circumstances:

   (1) The facts fall within one or more of the categories set forth in
    Sec. 1.106(b)(2); or

   (2) The Commission or the designated authority determines that consideration
   of the facts relied on is required in the public interest.

   (d)(1) The petition shall state with particularity the respects in which
   petitioner believes the action taken by the Commission or the designated
   authority should be changed. The petition shall state specifically the form
   or relief sought and, subject to this requirement, may contain alternative
   requests.

   (2) The petition for reconsideration shall also, where appropriate, cite the
   findings of fact and/or conclusions of law which petitioner believes to be
   erroneous, and shall state with particularity the respects in which he
   believes such findings and conclusions should be changed. The petition may
   request that additional findings of fact and conclusions of law be made.

   (e) Where a petition for reconsideration is based upon a claim of electrical
   interference, under appropriate rules in this chapter, to an existing
   station or a station for which a construction permit is outstanding, such
   petition, in addition to meeting the other requirements of this section,
   must be accompanied by an affidavit of a qualified radio engineer. Such
   affidavit shall show, either by following the procedures set forth in this
   chapter for determining interference in the absence of measurements, or by
   actual measurements made in accordance with the methods prescribed in this
   chapter, that electrical interference will be caused to the station within
   its normally protected contour.

   (f) The petition for reconsideration and any supplement thereto shall be
   filed within 30 days from the date of public notice of the final Commission
   action, as that date is defined in  Sec. 1.4(b) of these rules, and shall be
   served upon parties to the proceeding. The petition for reconsideration
   shall not exceed 25 double spaced typewritten pages. No supplement or
   addition to a petition for reconsideration which has not been acted upon by
   the Commission or by the designated authority, filed after expiration of the
   30 day period, will be considered except upon leave granted upon a separate
   pleading for leave to file, which shall state the grounds therefor.

   (g) Oppositions to a petition for reconsideration shall be filed within 10
   days after the petition is filed, and shall be served upon petitioner and
   parties to the proceeding. Oppositions shall not exceed 25 double spaced
   typewritten pages.

   (h) Petitioner may reply to oppositions within seven days after the last day
   for filing oppositions, and any such reply shall be served upon parties to
   the proceeding. Replies shall not exceed 10 double spaced typewritten pages,
   and shall be limited to matters raised in the opposition.

   (i) Petitions for reconsideration, oppositions, and replies shall conform to
   the requirements of  Sec.  Sec. 1.49, 1.51, and 1.52 and shall be submitted to the
   Secretary, Federal Communications Commission, Washington, D.C., 20554.

   (j) The Commission or designated authority may grant the petition for
   reconsideration in whole or in part or may deny the petition. Its order will
   contain a concise statement of the reasons for the action taken. Where the
   petition for reconsideration relates to an instrument of authorization
   granted without hearing, the Commission or designated authority will take
   such action within 90 days after the petition is filed.

   (k)(1) If the Commission or the designated authority grants the petition for
   reconsideration in whole or in part, it may, in its decision:

   (i) Simultaneously reverse or modify the order from which reconsideration is
   sought;

   (ii) Remand the matter to a bureau or other Commission personnel for such
   further proceedings, including rehearing, as may be appropriate; or

   (iii) Order such other proceedings as may be necessary or appropriate.

   (2) If the Commission or designated authority initiates further proceedings,
   a ruling on the merits of the matter will be deferred pending completion of
   such proceedings. Following completion of such further proceedings, the
   Commission or designated authority may affirm, reverse, or modify its
   original order, or it may set aside the order and remand the matter for such
   further proceedings, including rehearing, as may be appropriate.

   (3) Any order disposing of a petition for reconsideration which reverses or
   modifies the original order is subject to the same provisions with respect
   to reconsideration as the original order. In no event, however, shall a
   ruling which denies a petition for reconsideration be considered a
   modification of the original order. A petition for reconsideration of an
   order which has been previously denied on reconsideration may be dismissed
   by the staff as repetitious.

   Note: For purposes of this section, the word “order” refers to that portion
   of its action wherein the Commission announces its judgment. This should be
   distinguished from the “memorandum opinion” or other material which often
   accompany and explain the order.

   (l) No evidence other than newly discovered evidence, evidence which has
   become available only since the original taking of evidence, or evidence
   which the Commission or the designated authority believes should have been
   taken in the original proceeding shall be taken on any rehearing ordered
   pursuant to the provisions of this section.

   (m) The filing of a petition for reconsideration is not a condition
   precedent to judicial review of any action taken by the Commission or by the
   designated authority, 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 or designated authority has been
   afforded no opportunity to pass. (See  Sec. 1.115(c).) Persons in those
   categories who meet the requirements of this section may qualify to seek
   judicial review by filing a petition for reconsideration.

   (n) Without special order of the Commission, the filing of a petition for
   reconsideration shall not excuse any person from complying with or obeying
   any decision, order, or requirement of the Commission, or operate in any
   manner to stay or postpone the enforcement thereof. However, upon good cause
   shown, the Commission will stay the effectiveness of its order or
   requirement pending a decision on the petition for reconsideration. (This
   paragraph applies only to actions of the Commission en banc. For provisions
   applicable to actions under delegated authority, see  Sec. 1.102.)

   (o) Petitions for reconsideration of licensing actions, as well as
   oppositions and replies thereto, that are filed with respect to the Wireless
   Radio Services, may be filed electronically via ULS.

   (Secs. 4, 303, 307, 405, 48 Stat., as amended, 1066, 1082, 1083, 1095; 47
   U.S.C. 154, 303, 307, 405)

   [ 28 FR 12415 , Nov. 22, 1963, as amended at  37 FR 7507 , Apr. 15, 1972;  41 FR 1287 , Jan. 7, 1976;  44 FR 60294 , Oct. 19, 1979;  46 FR 18556 , Mar. 25, 1981;
    62 FR 4170 , Jan. 29, 1997;  63 FR 68920 , Dec. 14, 1998]