FCC 1.47 Revised as of October 1, 2014
Goto Year:2013 |
§ 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,
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