47 C.F.R. § 1.223

Petitions to intervene

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(a) Where the order designating a matter for hearing has failed to notify and name as a party to the hearing proceeding any person who qualifies as a party in interest, such person may acquire the status of a party by filing, under oath and not more than 30 days after the publication in the Federal Register of the hearing issues or any substantial amendment thereto, a petition for intervention showing the basis of its interest. Where the person's status as a party in interest is established, the petition to intervene will be granted.

(b) Any other person desiring to participate as a party in any hearing proceeding may file a petition for leave to intervene not later than 30 days after the publication in the Federal Register of the full text or a summary of the order designating the matter for hearing or any substantial amendment thereto. The petition must set forth the interest of petitioner in the proceedings, must show how such petitioner's participation will assist the Commission in the determination of the issues in question, must set forth any proposed issues in addition to those already designated for hearing, and must be accompanied by the affidavit of a person with knowledge as to the facts set forth in the petition. The presiding officer, in his or her discretion, may grant or deny such petition or may permit intervention by such persons limited to a particular stage of the proceeding.

(c) Any person desiring to file a petition for leave to intervene later than 30 days after the publication in the Federal Register of the full text or a summary of the order designating the matter for hearing or any substantial amendment thereto shall set forth the interest of petitioner in the proceeding, show how such petitioner's participation will assist the Commission in the determination of the issues in question, must set forth any proposed issues in addition to those already designated for hearing, and must set forth reasons why it was not possible to file a petition within the time prescribed by paragraphs (a) and (b) of this section. If, in the opinion of the presiding officer, good cause is shown for the delay in filing, the presiding officer may in his or her discretion grant such petition or may permit intervention limited to particular issues or to a particular stage of the proceeding.

(Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309) [85 FR 63175, Oct. 6, 2020]

Notes of Decisions

Cited in 9 cases, 1967–1994 · leading case: Pepsico, Inc. v. Fed. Trade Comm'n, Pepsi-Cola Bottling Co. of Corvallis, Inc., Plaintiff-Intervenor-Appellant v. Fed. Trade Comm'n, 472 F.2d 179 (2d Cir. 1972).

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Pepsico, Inc. v. Fed. Trade Comm'n, Pepsi-Cola Bottling Co. of Corvallis, Inc., Plaintiff-Intervenor-Appellant v. Fed. Trade Comm'n, 472 F.2d 179 (2d Cir. 1972). · cites it 2× “3 Contrast the FCC’s Rules of Practice, 47 C.F.R. §§ 1.223 , 1.302. However, in light of the Supreme Court decisions cited, the Commission would withhold such a right at its peril in a case such as this where the intervenors are persons whose contract rights are at stake.”

Spanish Int'l Broad. Co. v. Fed. Commc'ns Comm'n, Int'l Panorama Tv, Inc., Intervenor, 385 F.2d 615 (D.C. Cir. 1967). · cites it 2× “” 47 C.F.R. § 1.223 (a) (1966). Time limitations imposed by the regulations have been kept congruent with those laid down by the statute.”

Comm. for Open Media v. Fed. Commc'ns Comm'n, Chronicle Broad. Co., Intervenor, 543 F.2d 861 (D.C. Cir. 1976). · cites it 2× “47 C.F.R. § 1.223 (1974); Chronicle Broadcasting Co.”

Coalition for the Pres. of Hispanic Broad. v. Fed. Commc'ns Comm'n, Univision Holdings, Inc., Intervenors, 893 F.2d 1349 (D.C. Cir. 1990). “See 47 CFR § 1.223 (1988) (rules for intervention); J.”

Am. Trucking Ass'n v. United States, 627 F.2d 1313 (D.C. Cir. 1980). “* * * The ICC modeled its new intervention rules after the CAB rules.”

The Tel. Users Ass'n, Inc. v. Fed. Commc'ns Comm'n, 375 F.2d 923 (D.C. Cir. 1967). “See 47 C.F.R. § 1.223 (b) (Supp.1966). Appellant filed its petition June 1, 1966.”

Jersey Shore Broad. Corp. v. Fed. Commc'ns Comm'n, 37 F.3d 1531 (D.C. Cir. 1994). · cites it 2× “The Review Board held that Seashore’s petition to intervene was untimely under 47 C.F.R. § 1.223 (1993), which provides that petitions to intervene must be filed within thirty days after publication of the hearing issues.”

Listeners' Guild, Inc. v. Fed. Commc'ns Comm'n, 813 F.2d 465 (D.C. Cir. 1987). “47 C.F.R. § 1.223 (b) (emphasis added). .”

Wftl Broad. Co. v. Fed. Commc'ns Comm'n & United States of Am., Boca Broadcasters, Inc., Intervenor, 376 F.2d 782 (D.C. Cir. 1967). · cites it 2× “§ 309 (e) (1964), and by *784 the Commission's rules, 47 C.F.R. § 1.223 (1966). The statute provides that: [w]hen the Commission has so designated an application for hearing, the parties in interest, if any, who are not notified by the Commission of such action may acquire the…”

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