§  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 § § 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 § 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 and interconnected VoIP provider, as defined
   in § 54.5 of this chapter, that is 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 such carrier or
   interconnected VoIP provider in any proceeding before the Commission.
   Such designation shall include, for both the carrier or interconnected
   VoIP provider and its designated agents, a name, business address,
   telephone or voicemail number, facsimile number, and, if available,
   Internet e-mail address. Such carrier or interconnected VoIP provider
   shall additionally list any other names by which it is known or under
   which it does business, and, if the carrier or interconnected VoIP
   provider is an affiliated company, the parent, holding, or management
   company. Within thirty (30) days of the commencement of provision of
   service, such carrier or interconnected VoIP provider shall file such
   information with the Chief of the Enforcement Bureau's Market Disputes
   Resolution Division. Such carriers and interconnected VoIP providers
   may file a hard copy of the relevant portion of the Telecommunications
   Reporting Worksheet, as delineated by the Commission in theFederal
   Register,to satisfy this requirement. Each Telecommunications Reporting
   Worksheet filed annually by a common carrier or interconnected VoIP
   provider 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 and interconnected
   VoIP providers 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 or interconnected VoIP provider by leaving a copy thereof with
   such designated agent at his office or usual place of residence. If
   such carrier or interconnected VoIP provider 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;  71 FR 38796 , July 10, 2006]

   Effective Date Note:   At  71 FR 38796 , July 10, 2006, § 1.47(h) was
   amended. This section contains information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.