Sec.  1.2108   Procedures for filing petitions to deny against long-form
applications.

   (a) Where petitions to deny are otherwise provided for under the Act or the
   commission's Rules, and unless other service-specific procedures for the
   filing of such petitions are provided for elsewhere in the Commission's
   Rules, the procedures in this section shall apply to the filing of petitions
   to deny the long-form applications of winning bidders.

   (b) Within a period specified by Public Notice and after the Commission by
   Public Notice announces that long-form applications have been accepted for
   filing, petitions to deny such applications may be filed. The period for
   filing petitions to deny shall be no more than ten (10) days. The
   appropriate licensing Bureau, within its discretion, may, in exigent
   circumstances, reduce this period of time to no less than five (5) days. 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. The time for filing such oppositions shall be at least
   five (5) days from the filing date for petitions to deny, and the time for
   filing replies shall be at least five (5) days from the filing date for
   oppositions. The Commission may grant a license based on any long-form
   application that has been accepted for filing. The Commission shall in no
   case grant licenses earlier than seven (7) days following issuance of a
   public notice announcing long-form applications have been accepted for
   filing.

   (d) If the Commission determines that:

   (1) An applicant is qualified and there is no substantial and material issue
   of fact concerning that determination, it will grant the application.

   (2) An applicant is not qualified and that there is no substantial issue of
   fact concerning that determination, the Commission need not hold a
   evidentiary hearing and will deny the application.

   (3) Substantial and material issues of fact require a hearing, it will
   conduct a hearing. The Commission may permit all or part of the evidence to
   be submitted in written form and may permit employees other than
   administrative law judges to preside at the taking of written evidence. Such
   hearing will be conducted on an expedited basis.

   [ 59 FR 44293 , Aug. 26, 1994, as amended at  63 FR 2343 , Jan. 15, 1998;  65 FR 52345 , Aug. 29, 2000]