FCC 73.7004 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 73.7004 Petitions to deny tentative selectee(s).
(a) For mutually exclusive applicants subject to the selection procedures in
subpart K of this part, Petitions to Deny will be accepted only against the
tentative selectee(s).
(b) Within thirty (30) days following the issuance of a public notice
announcing the tentative selection of an applicant through fair distribution
( Sec. 73.7002) or point system ( Sec. 73.7003) procedures, petitions to deny that
application may be filed. 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 10 days
from the filing date for petitions to deny, and the time for filing replies
shall be 5 days from the filing date for oppositions.
(d) If the Commission denies or dismisses all petitions to deny, if any are
filed, and is otherwise satisfied that an applicant is qualified, the
application will be granted. If the Commission determines that the points
originally claimed were higher than permitted, but that there is no
substantial and material question of fact of applicant qualifications, it
will compare the revised point tally of the tentative selectee to the other
mutually exclusive applicants and, either grant the original application or
announce a new tentative selectee, as appropriate. If an applicant is found
unqualified, the application shall be denied, and the applicant(s) with the
next highest point tally named as the new tentative selectee.
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