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FCC 1.722
Revised as of December 6, 2018
Goto Year:2018 | 2020
  § 1.722   Format and content of complaints.

   A formal complaint shall contain:

   (a) The name of each complainant and defendant;

   (b) The occupation, address and telephone number of each complainant
   and, to the extent known, each defendant;

   (c) The name, address, telephone number, and email address of
   complainant's attorney, if represented by counsel;

   (d) Citation to the section of the Communications Act or Commission
   regulation or order alleged to have been violated; each such alleged
   violation shall be stated in a separate count;

   (e) Legal analysis relevant to the claims and arguments set forth
   therein;

   (f) The relief sought, including recovery of damages and the amount of
   damages claimed, if known;

   (g) Certification that the complainant has, in good faith, discussed or
   attempted to discuss the possibility of settlement with each defendant
   prior to the filing of the formal complaint. In disputes between
   businesses, associations, or other organizations, the certification
   shall include a statement that the complainant has engaged or attempted
   to engage in executive-level discussions concerning the possibility of
   settlement. Executive-level discussions are discussions among
   representatives of the parties who have sufficient authority to make
   binding decisions on behalf of the entity they represent regarding the
   subject matter of the discussions. Such certification shall include a
   statement that, prior to the filing of the complaint, the complainant
   notified each defendant in writing of the allegations that form the
   basis of the complaint and invited a response within a reasonable
   period of time. A refusal by a defendant to engage in discussions
   contemplated by this rule may constitute an unreasonable practice under
   the Act. The certification shall also include a brief summary of all
   additional steps taken to resolve the dispute prior to the filing of
   the formal complaint;

   (h) A statement explaining whether a separate action has been filed
   with the Commission, any court, or other government agency that is
   based on the same claim or same set of facts, in whole or in part, or
   whether the complaint seeks prospective relief identical to the relief
   proposed or at issue in a notice-and-comment rulemaking proceeding that
   is concurrently before the Commission;

   (i) An information designation containing:

   (1) The name and, if known, the address and telephone number of each
   individual likely to have information relevant to the proceeding, along
   with the subjects of that information, excluding individuals otherwise
   identified in the complaint or exhibits thereto, and individuals
   employed by another party; and

   (2) A copy—or a description by category and location—of all relevant
   documents, electronically stored information, and tangible things that
   the disclosing party has in its possession, custody, or control,
   excluding documents submitted with the complaint.

   (j) A completed Formal Complaint Intake Form;

   (k) A declaration, under penalty of perjury, by the complainant or
   complainant's counsel describing the amount, method, and date of the
   complainant's payment of the filing fee required under § 1.1106 and the
   complainant's 10-digit FCC Registration Number, as required by subpart
   W of this part. Submission of a complaint without the FCC Registration
   Number will result in dismissal of the complaint.

   [ 83 FR 44832 , Sept. 4, 2018]

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Goto Section: 1.721 | 1.723

Goto Year: 2018 | 2020
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