47 C.F.R. § 1.407
Action on petitions
If the Commission determines that the petition discloses sufficient reasons in support of the action requested to justify the institution of a rulemaking proceeding, and notice and public procedure thereon are required or deemed desirable by the Commission, an appropriate notice of proposed rule making will be issued. In those cases where notice and public procedure thereon are not required, the Commission may issue a final order amending the rules. In all other cases the petition for rule making will be denied and the petitioner will be notified of the Commission's action with the grounds therefor.
Notes of Decisions
Cited in 2
cases, 1981–1983 · leading case: WWHT, Inc. v. Fed. Commc'ns Comm'n, 656 F.2d 807 (D.C. Cir. 1981).
WWHT, Inc. v. Fed. Commc'ns Comm'n, 656 F.2d 807 (D.C. Cir. 1981). “” 47 C.F.R. § 1.407 (1979). In cases where the Commission determines that rulemaking is not warranted, the “petition for rule making will be denied and the petitioner will be notified of the Commission’s action with the grounds therefor.”
Springfield Television of Utah, Inc. v. Fed. Commc'ns Comm'n, 710 F.2d 620 (10th Cir. 1983). “South Central says that FCC erred because 47 C.F.R. § 1.407 mandates separate consideration of a modification request and prevents joinder of a modification request with one for rulemaking.”
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