[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: 47CFR1.47]



[Page 112-113]

 

                       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 Sec. Sec. 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 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



[[Page 113]]



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]