§ 1.728   Formal complaints not stating a cause of action; defective pleadings.

   (a) Any document purporting to be a formal complaint which does not state a
   cause of action under the Communications Act will be dismissed. In such
   case, any amendment or supplement to such document will be considered a new
   filing which must be made within the statutory periods of limitations of
   actions contained in section 415 of the Communications Act.

   (b)  Any  other pleading filed in a formal complaint proceeding not in
   conformity with the requirements of the applicable rules in this part may be
   deemed defective. In such case the Commission may strike the pleading or
   request that specified defects be corrected and that proper pleadings be
   filed with the Commission and served on all parties within a prescribed time
   as a condition to being made a part of the record in the proceeding.

   [ 53 FR 11854 , Apr. 11, 1988]

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