FCC 1.47 Revised as of October 1, 2005
Goto Year:2004 |
2006
Sec. 1.47 Service of documents and proof of service.
(a) Where the Commission or any person is required by statute or by the
provisions of this chapter to serve any document upon any person, service
shall (in the absence of specific provisions in this chapter to the
contrary) be made in accordance with the provisions of this section.
(b) Where any person is required to serve any document filed with the
Commission, service shall be made by that person or by his representative on
or before the day on which the document is filed.
(c) Commission counsel who formally participate in any proceeding shall be
served in the same manner as other persons who participate in that
proceeding. The filing of a document with the Commission does not constitute
service upon Commission counsel.
(d) Except in formal complaint proceedings against common carriers under
Sec. Sec. 1.720 through 1.736, documents may be served upon a party, his attorney,
or other duly constituted agent by delivering a copy or by mailing a copy to
the last known address. See Sec. 1.736. Documents that are required to be served
must be served in paper form, even if documents are filed in electronic form
with the Commission, unless the party to be served agrees to accept service
in some other form.
(e) Delivery of a copy pursuant to this section means handing it to the
party, his attorney, or other duly constituted agent; or leaving it with the
clerk or other person in charge of the office of the person being served;
or, if there is no one in charge of such office, leaving it in a conspicuous
place therein; or, if such office is closed or the person to be served has
no office, leaving it at his dwelling house or usual place of abode with
some person of suitable age and discretion then residing therein.
(f) Service by mail is complete upon mailing.
(g) Proof of service, as provided in this section, shall be filed before
action is taken. The proof of service shall show the time and manner of
service, and may be by written acknowledgement of service, by certificate of
the person effecting the service, or by other proof satisfactory to the
Commission. Failure to make proof of service will not affect the validity of
the service. The Commission may allow the proof to be amended or supplied at
any time, unless to do so would result in material prejudice to a party.
(h) Every common carrier subject to the Communications Act of 1934, as
amended, shall designate an agent in the District of Columbia, and may
designate additional agents if it so chooses, upon whom service of all
notices, process, orders, decisions, and requirements of the Commission may
be made for and on behalf of said carrier in any proceeding before the
Commission. Such designation shall include, for both the carrier and its
designated agents, a name, business address, telephone or voicemail number,
facsimile number, and, if available, Internet e-mail address. The carrier
shall additionally list any other names by which it is known or under which
it does business, and, if the carrier is an affiliated company, the parent,
holding, or management company. Within thirty (30) days of the commencement
of provision of service, each carrier shall file such information with the
Chief of the Enforcement Bureau's Market Disputes Resolution Division.
Carriers may file a hard copy of the relevant portion of the
Telecommunications Reporting Worksheet, as delineated by the Commission in
the Federal Register, to satisfy this requirement. Each Telecommunications
Reporting Worksheet filed annually by a common carrier must contain a name,
business address, telephone or voicemail number, facsimile number, and, if
available, Internet e-mail address for its designated agents, regardless of
whether such information has been revised since the previous filing.
Carriers must notify the Commission within one week of any changes in their
designation information by filing revised portions of the Telecommunications
Reporting Worksheet with the Chief of the Enforcement Bureau's Market
Disputes Resolution Division. A paper copy of this designation list shall be
maintained in the Office of the Secretary of the Commission. Service of any
notice, process, orders, decisions or requirements of the Commission may be
made upon such carrier by leaving a copy thereof with such designated agent
at his office or usual place of residence. If a carrier fails to designate
such an agent, service of any notice or other process in any proceeding
before the Commission, or of any order, decision, or requirement of the
Commission, may be made by posting such notice, process, order, requirement,
or decision in the Office of the Secretary of the Commission.
[ 28 FR 12415 , Nov. 22, 1963, as amended at 40 FR 55644 , Dec. 1, 1975; 53 FR 11852 , Apr. 11, 1988; 63 FR 1035 , Jan. 7, 1998; 63 FR 24124 , May 1, 1998; 64 FR 41330 , July 30, 1999; 64 FR 60725 , Nov. 8, 1999]
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