Goto Section: 1.12 | 1.14 | Table of Contents

FCC 1.13
Revised as of October 22, 2020
Goto Year:2020 | 2022
  §  1.13   Filing of petitions for review and notices of appeals of Commission
orders.

   (a) Petitions for review involving a judicial lottery pursuant to 28
   U.S.C. 2112(a). (1) This paragraph pertains to each party filing a
   petition for review in any United States court of appeals of a
   Commission Order pursuant to 47 U.S.C. 402(a) and 28 U.S.C. 2342(1),
   that wishes to avail itself of procedures established for selection of
   a court in the case of multiple petitions for review of the same
   Commission action, pursuant to 28 U.S.C. 2112(a). Each such party
   shall, within ten days after the issuance of that order, serve on the
   Office of General Counsel, by email to the address
   LitigationNotice@fcc.gov, a copy of its petition for review as filed
   and date-stamped by the court of appeals within which it was filed.
   Such copies of petitions for review must be received by the Office of
   General Counsel by 5:30 p.m. Eastern Time on the tenth day of the
   filing period. A return email from the Office of General Counsel
   acknowledging receipt of the petition for review will constitute proof
   of filing. Upon receipt of any copies of petitions for review according
   to these procedures, the Commission shall follow the procedures
   established in section 28 U.S.C. 2112(a) to determine the court in
   which to file the record in that case.

   (2) If a party wishes to avail itself of procedures established for
   selection of a court in the case of multiple petitions for review of
   the same Commission action, pursuant to 28 U.S.C. 2112(a), but is
   unable to use email to effect service as described in paragraph (a)(1)
   of this section, it shall instead, within ten days after the issuance
   of the order on appeal, serve a copy of its petition for review in
   person on the General Counsel in the Office of General Counsel, located
   at the FCC's main office address indicated in 47 CFR 0.401(a). Only
   parties not represented by counsel may use this method. Such parties
   must telephone the Litigation Division of the Office of General Counsel
   beforehand to make arrangements at 202-418-1740. Parties are advised to
   call at least one day before service must be effected.

   (3) Computation of time of the ten-day period for filing copies of
   petitions for review of a Commission order shall be governed by Rule 26
   of the Federal Rules of Appellate Procedure. The date of issuance of a
   Commission order for purposes of filing copies of petitions for review
   shall be the date of public notice as defined in § 1.4(b) of the
   Commission's Rules, 47 CFR 1.4(b).

   (b) Notices of appeal pursuant to 47 U.S.C. 402(b). Copies of notices
   of appeals filed pursuant to 47 U.S.C. 402(b) shall be served upon the
   General Counsel. The FCC consents to—and encourages—service of such
   notices by email to the address LitigationNotice@fcc.gov.

   Note: For administrative efficiency, the Commission requests that any
   petitioner seeking judicial review of Commission actions pursuant to 47
   U.S.C. 402(a) serve a copy of its petition on the General Counsel
   regardless of whether it wishes to avail itself of the procedures for
   multiple appeals set forth in 47 U.S.C. 2112(a). Parties are encouraged
   to serve such notice by email to the address LitigationNotice@fcc.gov.

   [ 81 FR 40821 , June 23, 2016, as amended at  85 FR 64405 , Oct. 13, 2020]

   


Goto Section: 1.12 | 1.14

Goto Year: 2020 | 2022
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