Goto Section: 1.46 | 1.48 | Table of Contents
FCC 1.47
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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.
Documents that are required to be served by the Commission in agency
proceedings (i.e., not in the context of judicial proceedings, Congressional
investigations, or other proceedings outside the Commission) may be served
in electronic form. In proceedings involving a large number of parties, and
unless otherwise provided by statute, the Commission may satisfy its service
obligation by issuing a public notice that identifies the documents required
to be served and that explains how parties can obtain copies of the
documents.
Note to paragraph (a): Section 1.47(a) grants staff the authority to decide
upon the appropriate format for electronic notification in a particular
proceeding, consistent with any applicable statutory requirements. The
Commission expects that service by public notice will be used only in
proceedings with 20 or more parties.
(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, and non-interconnected VoIP provider, as defined in
§ 64.601(a)(15) of this chapter and with interstate end-user revenues that
are subject to contribution to the Telecommunications Relay Service Fund,
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, interconnected VoIP provider, or non-interconnected VoIP
provider in any proceeding before the Commission. Such designation shall
include, for the carrier, interconnected VoIP provider, or
non-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, interconnected VoIP provider, or
non-interconnected VoIP provider shall additionally list any other names by
which it is known or under which it does business, and, if the carrier,
interconnected VoIP provider, or non-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,
interconnected VoIP provider, or non-interconnected VoIP provider shall file
such information with the Chief of the Enforcement Bureau's Market Disputes
Resolution Division. Such carriers, interconnected VoIP providers, and
non-interconnected VoIP providers 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,
interconnected VoIP provider, or non-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, interconnected VoIP providers, and
non-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, interconnected
VoIP provider, or non-interconnected VoIP provider by leaving a copy thereof
with such designated agent at his office or usual place of residence. If
such carrier, interconnected VoIP provider, or non-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; 76 FR 24390 , May 2, 2011; 76 FR 65969 , Oct. 25, 2011]
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Goto Section: 1.46 | 1.48
Goto Year: 2014 |
2016
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