[Code of Federal Regulations]
[Title 47, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR1.47]

[Page 108-109]
 
                       TITLE 47--TELECOMMUNICATION
 
              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
 
PART 1--PRACTICE AND PROCEDURE--Table of Contents
 
           Subpart A--General Rules of Practice and Procedure
 
Sec. 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.
    (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 Secs. 1.720 through 1.736, documents may be served upon a party, 
his attorney, or other duly constituted agent by delivering a copy or by 
mailing a copy

[[Page 109]]

to the last known address. See Sec. 1.736. 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.
    (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.
    (f) Service by mail is complete upon mailing.
    (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.
    (h) Every common carrier 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 said carrier in any 
proceeding before the Commission. Such designation shall include, for 
both the carrier and its designated agents, a name, business address, 
telephone or voicemail number, facsimile number, and, if available, 
Internet e-mail address. The carrier shall additionally list any other 
names by which it is known or under which it does business, and, if the 
carrier is an affiliated company, the parent, holding, or management 
company. Within thirty (30) days of the commencement of provision of 
service, each carrier shall file such information with the Chief of the 
Enforcement Bureau's Market Disputes Resolution Division. Carriers 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 this requirement. Each Telecommunications Reporting 
Worksheet filed annually by a common carrier must contain a name, 
business address, telephone or voicemail number, facsimile number, and, 
if available, Internet e-mail address for its designated agents, 
regardless of whether such information has been revised since the 
previous filing. Carriers 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 by leaving a copy thereof with such designated agent at his 
office or usual place of residence. If a carrier 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]