Goto Section: 1.12 | 1.14 | Table of Contents
Revised as of October 22, 2020
Goto Year:2020 |
§ 1.13 Filing of petitions for review and notices of appeals of Commission
(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 |
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