Sec. 1.722  Damages.

    (a) In case recovery of damages is sought, the complaint shall 
contain appropriate allegations showing such evidence that will 
identify, with reasonable certainty, the amount of damages for which 
recovery is sought.
    (b) Damages will not be awarded upon a complaint unless specifically 
requested. Damages may be awarded, however, upon a supplemental 
complaint based upon a finding of the Commission in the original 
proceeding. Provided that:
    (1) If recovery of damages or overcharges is first sought by 
supplemental complaint, such supplemental complaint must be filed 
within, and recovery is limited to, the statutory periods of limitations 
contained in section 415 of the Communications Act;
    (2) A claim for recovery of damages contained in a supplemental 
complaint based on a finding of the Commission in the original 
proceeding which meets the requirements of paragraph (a) of this section 
shall relate back to the filing date of the original formal complaint 
if:
    (i) The original complaint clearly and unequivocally requests the 
recovery of damages (even if the precise amount and other specific 
details are unknown), and
    (ii) Such supplemental complaint is filed no later than 60 days 
after public notice (as defined in Sec. 1.4(b) of the rules) of a 
decision on the merits of the original complaint.
[ 53 FR 11853 , Apr. 11, 1988]