[Code of Federal Regulations]

[Title 47, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR1.13]



[Page 107]

 

                       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. 1.13  Filing of petitions for review and notices of appeals of 

Commission orders.



    (a)(1) This section pertains to each party filing a petition for 

review in any United States court of appeals of a Commission Order, 

pursuant to section 402(a) of the Communications Act, 47 U.S.C. 402(a), 

and 28 U.S.C. 2342(l), that wishes to avail itself of procedures 

established for selection of a court in the case of multiple appeals, 

pursuant to 28 U.S.C. 2112(a). Each such party shall, within ten days 

after the issuance of that order, file with the General Counsel in the 

Office of General Counsel, Room 8-A741, 445 12th Street, SW., 

Washington, DC 20554, 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 filed by 5:30 p.m. Eastern Time 

on the tenth day of the filing period. A stamp indicating the time and 

date received by the Office of General Counsel will constitute proof of 

filing. Upon receipt of any copies of petitions for review, 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) Computation of time of the ten-day period for filing copies of 

petitions for review of a Commission order shall be governed by Sec. 

1.4 of the Commission's Rules, 47 CFR 1.4. 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 Sec. 1.4(b), 47 CFR 

1.4(b).

    (b) Copies of notices of appeals filed pursuant to 47 U.S.C. 402(b) 

shall be served upon the General Counsel.



    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).



[54 FR 12453, Mar. 27, 1989, as amended at 65 FR 14476, Mar. 17, 2000]