Goto Section: 1.46 | 1.48 | Table of Contents

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]


Goto Section: 1.46 | 1.48

Goto Year: 2004 | 2006
CiteFind - See documents on FCC website that cite this rule

Want to support this service?
Thanks!

Report errors in this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public