§ 1.47   Service of documents and proof of service.

   Link to an amendment published at  83 FR 44831 , September 4, 2018.

   (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]

   return arrow Back to Top