§  73.3584   Procedure for filing petitions to deny.

   (a) For mutually exclusive applications subject to selection by
   competitive bidding (non-reserved channels) or fair distribution/point
   system (reserved channels), petitions to deny may be filed only against
   the winning bidders or tentative selectee(s), and such petitions will
   be governed by § §  73.5006 and 73.7004, respectively. For all other
   applications the following rules will govern. Except in the case of
   applications for new low power TV, TV translator or TV booster
   stations, for major changes in the existing facilities of such
   stations, or for applications for a change in output channel tendered
   by displaced low power TV and TV translator stations pursuant to
   §  73.3572(a)(1), any party in interest may file with the Commission a
   Petition to Deny any application (whether as originally filed or if
   amended so as to require a new file number pursuant to §  73.3571(j),
   §  73.3572(b), §  73.3573(b), §  73.3574(b) or §  73.3578) for which
   local notice pursuant to §  73.3580 is required, provided such
   petitions are filed prior to the day such applications are granted or
   designated for hearing; but where the FCC issues a public notice
   pursuant to the provisions of §  73.3571(c), §  73.3572(c) or
   §  73.3573(d), establishing a "cut-off" date, such petitions must be
   filed by the date specified. In the case of applications for transfers
   and assignments of construction permits or station licenses, Petitions
   to Deny must be filed not later than 30 days after issuance of a public
   notice of the acceptance for filing of the applications. In the case of
   applications for renewal of license, Petitions to Deny may be filed at
   any time up to the deadline established in §  73.3516(e). Requests for
   extension of time to file Petitions to Deny applications for new
   broadcast stations or major changes in the facilities of existing
   stations or applications for renewal of license will not be granted
   unless all parties concerned, including the applicant, consent to such
   requests, or unless a compelling showing can be made that unusual
   circumstances make the filing of a timely petition impossible and the
   granting of an extension warranted.

   (b) Except in the case of applications for new low power TV or TV
   translator stations, or for major changes in the existing facilities of
   such stations, the applicant may file an opposition to any Petition to
   Deny, and the Petitioner a reply to such opposition in which
   allegations of fact or denials thereof shall be supported by affidavit
   of a person or persons with personal knowledge thereof. The times for
   filing such oppositions and replies shall be those provided in §  1.45
   except that as to a Petition to Deny an application for renewal of
   license, an opposition thereto may be filed within 30 days after the
   Petition to Deny is filed, and the party that filed the Petition to
   Deny may reply to the opposition within 20 days after opposition is due
   or within 20 days after the opposition is filed, whichever is longer.
   The failure to file an opposition or a reply will not necessarily be
   construed as an admission of fact or argument contained in a pleading.

   (c) In the case of applications for new low power TV, TV translator, or
   TV booster stations, for major changes in the existing facilities of
   such stations, or for applications for a change in output channel
   tendered by displaced low power TV and TV translator stations pursuant
   to §  73.3572(a)(1), any party in interest may file with the FCC a
   Petition to Deny any applcation (whether as originally filed or if
   amended so as to require a new file number pursuant to §  73.3572(b))
   for which local notice pursuant to §  73.3580 is required, provided
   such petitions are filed within 30 days of the FCC Public Notice
   proposing the application for grant (applicants may file oppositions
   within 15 days after the Petition to Deny is filed); but where the FCC
   selects a tentative permittee pursuant to Section 1.1601 et seq.,
   Petitions to Deny shall be accepted only if directed against the
   tentative selectee and filed after issuance of and within 15 days of
   FCC Public Notice announcing the tentative selectee. The applicant may
   file an opposition within 15 days after the Petition to Deny is filed.
   In cases in which the minimum diversity preference provided for in
   §  1.1623(f)(1) has been applied, an "objection to diversity claim" and
   opposition thereto, may be filed against any applicant receiving a
   diversity preference, within the same time period provided herein for
   Petitions and Oppositions. In all pleadings, allegations of fact or
   denials thereof shall be supported by appropriate certification.
   However, the FCC may announce, by the Public Notice announcing the
   acceptance of the last-filed mutually exclusive application, that a
   notice of Petition to Deny will be required to be filed no later than
   30 days after issuance of the Public Notice.

   (d) A party in interest may file a Petition to Deny any application
   that proposes reclassification of a Class C authorization to Class C0
   not later than 30 days after issuance of an order to show cause by the
   Commission notifying the affected licensee of the proposed
   reclassification.

   (e) Untimely Petitions to Deny, as well as other pleadings in the
   nature of a Petition to Deny, and any other pleadings or supplements
   which do not lie as a matter of law or are otherwise procedurally
   defective, are subject to return by the FCC's staff without
   consideration.

   [ 48 FR 27206 , June 13, 1983, as amended at  52 FR 31401 , Aug. 20, 1987;
    53 FR 2499 , Jan. 28, 1988;  55 FR 28914 , July 16, 1990;  61 FR 18291 ,
   Apr. 25, 1996;  65 FR 36379 , June 8, 2000;  65 FR 79780 , Dec. 20, 2000]

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