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View Diary: How to take action against Limbaugh at the local level (128 comments)

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  •  Petitions to Deny (9+ / 0-)

    Petitions to Deny are due by the end of the first day of the last full calendar month of the expiring license term.  Renewal applications are due the end of the first day of the fourth full calendar month of the expiring license term.

    E.g., a station whose license will expire on August 1, 2012 must file its renewal application by April 1, 2012.  To be considered timely filed, a Petition to Deny against that application must be filed by July 1, 2012.  If what would otherwise be a deadline falls on a weekend or on a federal holiday, the deadline carries over to the next day on which the FCC is open for business.

    A Petition to Deny must explicitly be captioned Petition to Deny and should reference the file number of the application, the name of the licensee, and the file number of the application.  The file number would be available here.  It is not necessary to enter data in all fields... the call letters alone should do the trick.  Note some call letters, particularly of FM stations, include -FM as part of the official call letters.

    A Petition to Deny must explicitly assert that the Petitioner has standing.

    In the broadcast context, someone has standing if he is a regular listener of the station whose renewal application is being challenged and if the person resides within the primary service contour of the station in question.  The area within the primary service contour depends on the station's signal power and other technical factors.  If one lives within the station's city of license, one is guaranteed to live within the station's primary service contour.  The Petition should explicitly recite that the Petitioner is a regular listener of the station whose renewal application is being challenged and if the person resides within the primary service contour of the station in question.  The Petition must also advance a fact-based argument as to why the grant of the application would run counter to the public interest, convenience, and necessity.

    The Petition must be accompanied by a Declaration of the Petitioner, under penalty of perjury, asserting that the factual statements in the Petitions are true and correct, top the best of the Petitioner's personal knowledge, information, and belief.  The Declaration must be signed by the Petitioner, but need not be notarized.

    More details here.

    And a sample Petition here.

    ==

    Great diary!

    •  Another example of a Petition to Deny (6+ / 0-)

      Here.

      This one is not for a renewal application, but it will give you an idea of the form.

      If the Petition will be more than ten pages long, it must include a Table of Contents and a summary.

      A copy of a Petition to Deny must also be served on the applicant.  One can accomplish service by sending a copy via first-class mail.  Mail the copy on the same day that the Petition is either filed with the FCC or mailed to the FCC.  The Petition must reach the FCC by the deadline, so allow sufficient time for delivery.

      The Petition must include a Certificate of Service.  See the example linked above for what a Certificate of Service looks like.

      •  Great advice... (3+ / 0-)
        Recommended by:
        Rashaverak, elwior, adrianrf

        though, as I noted in the diary, you're still all but guaranteed to make at least one procedural error that gets the "Petition to Deny" knocked down to an "informal objection."

        That's OK. The object of this game isn't really to get the license renewal denied, because you can't do that. It's just to get the licensee's attention, and you get that either way.

        Intended to be a factual statement.

        by ipsos on Sat Mar 03, 2012 at 07:59:20 AM PST

        [ Parent ]

        •  Thank you. (1+ / 0-)
          Recommended by:
          adrianrf

          First, one erratum.

          I wrote:

          The Petition should explicitly recite that the Petitioner is a regular listener of the station whose renewal application is being challenged and if the person resides within the primary service contour of the station in question.
          I meant to write:
          The Petition should explicitly recite that the Petitioner is a regular listener of the station whose renewal application is being challenged and that the person resides within the primary service contour of the station in question.
          Obviously, one should only make those assertions if they are true.

          An original of a Petition to Deny should be filed through the Office of the Secretary of the Commission, along with four copies.

          You are correct that a procedural error will bump a Petition to Deny down to an Informal Objection, but the FCC staff will still need to deal with the substance of the filing.

          People who live outside the primary service contour can still file Informal Objections.  Informal Objections should be so captioned.  They need not include Declarations supporting the factual allegations, but it certainly does not hurt to do so.  They can even be in the forms of letters.  Informal Objections should be served on the licensee when filed with the FCC.

          I agree that it is extremely unlikely that the FCC staff will deny a renewal application based on the station's carriage of the Rush Limbaugh program.

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