Sec.  1.429   Petition for reconsideration.

   (a) Any interested person may petition for reconsideration of a final action
   in a proceeding conducted under this subpart (see  Sec.  Sec. 1.407 and 1.425). Where
   the action was taken by the Commission, the petition will be acted on by the
   Commission. Where action was taken by a staff official under delegated
   authority, the petition may be acted on by the staff official or referred to
   the Commission for action.

   Note: The staff has been authorized to act on rulemaking proceedings
   described in  Sec. 1.420 and is authorized to make editorial changes in the rules
   (see  Sec. 0.231(d)).

   (b) A petition for reconsideration which relies on facts which have not
   previously been presented to the Commission will be granted only under the
   following circumstances:

   (1) The facts relied on relate to events which have occurred or
   circumstances which have changed since the last opportunity to present them
   to the Commission;

   (2) The facts relied on were unknown to petitioner until after his last
   opportunity to present them to the Commission, and he could not through the
   exercise of ordinary diligence have learned of the facts in question prior
   to such opportunity; or

   (3) The Commission determines that consideration of the facts relied on is
   required in the public interest.

   (c) The petition for reconsideration shall state with particularity the
   respects in which petitioner believes the action taken should be changed.

   (d) The petition for reconsideration and any supplement thereto shall be
   filed within 30 days from the date of public notice of such action, as that
   date is defined in  Sec. 1.4(b). No supplement to a petition for reconsideration
   filed after expiration of the 30 day period will be considered, except upon
   leave granted pursuant to a separate pleading stating the grounds for
   acceptance of the supplement. The petition for reconsideration shall not
   exceed 25 double-spaced typewritten pages. See also  Sec. 1.49(f).

   (e) Except as provided in  Sec. 1.420(f), petitions for reconsideration need not
   be served on parties to the proceeding. (However, where the number of
   parties is relatively small, the Commission encourages the service of
   petitions for reconsideration and other pleadings, and agreements among
   parties to exchange copies of pleadings. See also  Sec. 1.47(d) regarding
   electronic service of documents.) When a petition for reconsideration is
   timely filed in proper form, public notice of its filing is published in the
   Federal Register. The time for filing oppositions to the petition runs from
   the date of public notice. See  Sec. 1.4(b).

   (f) Oppositions to a petition for reconsideration shall be filed within 15
   days after the date of public notice of the petition's filing and need be
   served only on the person who filed the petition. See also  Sec. 1.49(d).
   Oppositions shall not exceed 25 double-spaced typewritten pages. See
    Sec. 1.49(f).

   (g) Replies to an opposition shall be filed within 10 days after the time
   for filing oppositions has expired and need be served only on the person who
   filed the opposition. Replies shall not exceed 10 double-spaced typewritten
   pages. See also  Sec.  Sec. 1.49(d) and 1.49(f).

   (h) Petitions for reconsideration, oppositions and replies shall conform to
   the requirements of  Sec.  Sec. 1.49 and 1.52, except that they need not be verified.
   Except as provided in  Sec. 1.420(e), an original and 11 copies shall be
   submitted to the Secretary, Federal Communications Commission, Washington,
   D.C. 20554. Parties filing in electronic form need only submit one copy.

   (i) The Commission 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. Any order disposing of a petition for
   reconsideration which modifies rules adopted by the original order is, to
   the extent of such modification, subject to reconsideration in the same
   manner as the original order. Except in such circumstance, a second petition
   for reconsideration may be dismissed by the staff as repetitious.

   (j) The filing of a petition for reconsideration is not a condition
   precedent to judicial review of any action taken by the Commission, 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 has been afforded no opportunity to pass. Subject to the
   provisions of paragraph (b) of this section, such a person may qualify to
   seek judicial review by filing a petition for reconsideration.

   (k) Without special order of the Commission, the filing of a petition for
   reconsideration shall not excuse any person from complying with any rule or
   operate in any manner to stay or postpone its enforcement. However, upon
   good cause shown, the Commission will stay the effective date of a rule
   pending a decision on a petition for reconsideration. See, however,
    Sec. 1.420(f).

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

   [ 41 FR 1287 , Jan. 7, 1976, as amended at  44 FR 5436 , Jan. 26, 1979;  46 FR 18556 , Mar. 25, 1981;  52 FR 49161 , Dec. 30, 1987;  63 FR 24126 , May 1, 1998]

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