FCC 1.735 Revised as of October 1, 2014
Goto Year:2013 |
§ 1.735 Copies; service; separate filings against multiple defendants.
(a) Complaints may generally be brought against only one named carrier;
such actions may not be brought against multiple defendants unless the
defendant carriers are commonly owned or controlled, are alleged to
have acted in concert, are alleged to be jointly liable to complainant,
or the complaint concerns common questions of law or fact. Complaints
may, however, be consolidated by the Commission for disposition.
(b) The complainant shall file an original copy of the complaint,
accompanied by the correct fee, in accordance with part 1, subpart G
(see § 1.1106) and, on the same day:
(1) File three copies of the complaint with the Office of the
(2) Serve two copies on the Market Disputes Resolution Division,
(3) If the complaint is filed against a carrier concerning matters
within the responsibility of the International Bureau (see § 0.261 of
this chapter), serve a copy on the Chief, Policy Division,
International Bureau; and
(4) If a complaint is addressed against multiple defendants, pay a
separate fee, in accordance with part 1, subpart G (see § 1.1106), and
file three copies of the complaint with the Office of the Commission
Secretary for each additional defendant.
(c) Generally, a separate file is set up for each defendant. An
original plus two copies shall be filed of all pleadings and documents,
other than the complaint, for each file number assigned.
(d) The complainant shall serve the complaint by hand delivery on
either the named defendant or one of the named defendant's registered
agents for service of process on the same date that the complaint is
filed with the Commission in accordance with the requirements of
paragraph (b) of this section.
(e) Upon receipt of the complaint by the Commission, the Commission
shall promptly send, by facsimile transmission to each defendant named
in the complaint, notice of the filing of the complaint. The Commission
shall send, by regular U.S. mail delivery, to each defendant named in
the complaint, a copy of the complaint. The Commission shall
additionally send, by regular U.S. mail to all parties, a schedule
detailing the date the answer will be due and the date, time and
location of the initial status conference.
(f) All subsequent pleadings and briefs filed in any formal complaint
proceeding, as well as all letters, documents or other written
submissions, shall be served by the filing party on the attorney of
record for each party to the proceeding, or, where a party is not
represented by an attorney, each party to the proceeding either by hand
delivery, overnight delivery, or by facsimile transmission followed by
regular U.S. mail delivery, together with a proof of such service in
accordance with the requirements of § 1.47(g). Service is deemed
effective as follows:
(1) Service by hand delivery that is delivered to the office of the
recipient by 5:30 pm, local time of the recipient, on a business day
will be deemed served that day. Service by hand delivery that is
delivered to the office of the recipient after 5:30 pm, local time of
the recipient, on a business day will be deemed served on the following
(2) Service by overnight delivery will be deemed served the business
day following the day it is accepted for overnight delivery by a
reputable overnight delivery service such as, or comparable to, the US
Postal Service Express Mail, United Parcel Service or Federal Express;
(3) Service by facsimile transmission that is fully transmitted to the
office of the recipient by 5:30 pm, local time of the recipient, on a
business day will be deemed served that day. Service by facsimile
transmission that is fully transmitted to the office of the recipient
after 5:30 pm, local time of the recipient, on a business day will be
deemed served on the following business day.
(g) Supplemental complaint proceedings. Supplemental complaints filed
pursuant to section 1.722 shall conform to the requirements set out in
this section, except that the complainant need not submit a filing fee,
and the complainant may effect service pursuant to paragraph (f) of
this section rather than paragraph (d) of this section numerals.
[ 53 FR 11855 , Apr. 11, 1988. Redesignated and amended at 58 FR 25573 ,
25574, Apr. 27, 1993, as amended at 63 FR 1040 , Jan. 7, 1998; 64 FR 60726 , Nov. 8, 1999; 66 FR 16617 , Mar. 27, 2001; 67 FR 13223 , Mar. 21,
2002; 69 FR 41130 , July 7, 2004]
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