(a) Any interested person may petition for the issuance, amendment or repeal of a rule or regulation.
(b) The petition for rule making shall conform to the requirements of §§ 1.49, 1.52, and 1.419(b) (or § 1.420(e), if applicable), and shall be submitted or addressed to the Secretary, Federal Communications Commission, Washington, DC 20554, or may be submitted electronically.
(c) The petition shall set forth the text or substance of the proposed rule, amendment, or rule to be repealed, together with all facts, views, arguments and data deemed to support the action requested, and shall indicate how the interests of petitioner will be affected.
(d) Petitions for amendment of the Table of FM Allotments (§ 73.202 of this chapter) or the Table of TV Allotments (§ 73.622 of this chapter) shall be served by petitioner on any Commission licensee or permittee whose channel assignment would be changed by grant of the petition. The petition shall be accompanied by a certificate of service on such licensees or permittees. Petitions to amend the Table of FM Allotments must be accompanied by the appropriate construction permit application and payment of the appropriate application filing fee.
(e) Petitions which are moot, premature, repetitive, frivolous, or which plainly do not warrant consideration by the Commission may be denied or dismissed without prejudice to the petitioner.
[28 FR 12432, Nov. 22, 1963, as amended at 28 FR 14503, Dec. 31, 1963; 40 FR 53391, Nov. 18, 1975; 45 FR 42621, June 25, 1980; 63 FR 24125, May 1, 1998; 71 FR 76215, Dec. 20, 2006; 91 FR 29044, May 19, 2026]
Notes of Decisions
Michael Nack v. Douglas Walburg, 715 F.3d 680 (8th Cir. 2013).
“1984), or a petition for rulemaking to repeal the rule pursuant to 47 C.F.R. § 1.401 . We therefore need not consider at this juncture whether a refusal of the agency to consider a substantive challenge to the regulation would allow this court to exercise jurisdiction over such…”
In Re Wireless Tel. Radio Frequency Emissions, 216 F. Supp. 2d 474 (D. Maryland 2002).
“" 47 C.F.R. § 1.401 (a). Since federal appellate courts have exclusive jurisdiction over the review of FCC rules and orders, judicial review of an FCC decision declining to impose stricter safety regulations, such as a headset requirement, would be conducted in federal court.”
Writers Guild of Am., West, Inc. v. Fed. Commc'ns Comm'n, 423 F. Supp. 1064 (C.D. Cal. 1976).
“2); (2) to procedures which permit persons to petition for “issuance, amendment or repeal of a rule or regulation” ( 47 C.F.R. § 1.401 ); (3) to procedures which permit persons to file informal requests for Commission action ( 47 C.”
Mark Leyse v. Clear Channel Broad., Inc, 545 F. App'x 444 (6th Cir. 2013).
“ITT World also underscores that the Hobbs Act would not have barred Leyse from challenging the TCPA exemption by petitioning the FCC for a declaratory ruling under 47 C.”
United States v. Stephen Paul Dunifer, 219 F.3d 1004 (9th Cir. 2000).
“47 C.F.R. § 1.401 (a) provides that “[a]ny interested person may petition for the issuance, amendment or repeal of a rule or regulation” of the FCC.”
United States v. Dunifer, 997 F. Supp. 1235 (N.D. Cal. 1998).
“See 47 C.F.R. § 1.401 (a). A petition for rule-making is subject to the procedures set forth in 47 C.”
WWHT, Inc. v. Fed. Commc'ns Comm'n, 656 F.2d 807 (D.C. Cir. 1981).
“47 C.F.R. § 1.401 (a) (1979). When a petition is filed, the Commission is to determine whether the petition “discloses sufficient reasons in support of the action requested to justify the institution of a rulemaking proceeding.”
Nat'l Sci. & Tech. Network, Inc. v. Fed. Commc'ns Comm'n, 397 F.3d 1013 (D.C. Cir. 2005).
“, 47 C.F.R. § 1.401 (governing petitions for Commission rulemaking), but these procedures notwithstanding, NSTN must comply with the rules as they are, and not the rules as it believes they should be.”
Annotations are extracted automatically from the opinions in the
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