Goto Section: 1.46 | 1.48 | Table of Contents

FCC 1.47
Revised as of July 30, 2021
Goto Year:2020 | 2022
  §  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. Documents associated with
   licenses, applications, waivers, and other requests in the Wireless
   Radio Services that are required to be served by the Commission in
   agency proceedings must 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): Paragraph (a) of this section 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 1.740 and proceedings related to the Wireless
   Radio Services under subpart F of this part, 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.
   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. Petitions, pleadings, and other documents associated with
   licensing matters in the Wireless Radio Services must be served
   electronically upon a party, his attorney, or other duly constituted
   agent by delivering a copy by email to the email address listed in the
   Universal Licensing System (ULS). If a filer is not an applicant or
   licensee, the document must include an email address for receiving
   electronic service.

   (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. For pleadings, petitions, and other documents
   associated with licensing matters in the Wireless Radio Services,
   delivery of a copy pursuant to this section is complete by sending it
   by email to the email addresses listed in the ULS, or to the email
   address of the applicant's or licensee's attorney provided in a
   pleading or other document served on the filer.

   (f) Service by mail is complete upon mailing. Service by email is
   complete upon sending to the email address listed in the ULS for a
   particular license, application, or filing.

   (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. Proof of electronic service
   shall show the email address of the person making the service, in
   addition to that person's residence or business address; the date and
   time of the electronic service; the name and email address of the
   person served; and that the document was served electronically.

   (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. Every international section 214
   authorization holder must also designate an agent in the District of
   Columbia who is a U.S. citizen or lawful U.S. permanent resident
   pursuant to § 63.18(q)(1)(iii) of this chapter. 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 email 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 the requirement in
   the preceding sentence. 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 email 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,
   2011;  83 FR 44831 , Sept. 4, 2018;  85 FR 76381 , Nov. 27, 2020;  85 FR 85528 , Dec. 29, 2020]

   


Goto Section: 1.46 | 1.48

Goto Year: 2020 | 2022
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