[Code of Federal Regulations]

[Title 47, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 47CFR76.6]



[Page 551-552]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 76_MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE--Table of Contents

 

                            Subpart A_General

 

Sec. 76.6  General pleading requirements.



    (a) General pleading requirements. All written submissions, both 

substantive and procedural, must conform to the following standards:

    (1) A pleading must be clear, concise, and explicit. All matters 

concerning a claim, defense or requested remedy, should be pleaded fully 

and with specificity.

    (2) Pleadings must contain facts which, if true, are sufficient to 

warrant a grant of the relief requested.



[[Page 552]]



    (3) Facts must be supported by relevant documentation or affidavit.

    (4) The original of all pleadings and submissions by any party shall 

be signed by that party, or by the party's attorney. Complaints must be 

signed by the complainant. The signing party shall state his or her 

address and telephone number and the date on which the document was 

signed. Copies should be conformed to the original. Each submission must 

contain a written verification that the signatory has read the 

submission and to the best of his or her knowledge, information and 

belief formed after reasonable inquiry, it is well grounded in fact and 

is warranted by existing law or a good faith argument for the extension, 

modification or reversal of existing law; and that it is not interposed 

for any improper purpose. If any pleading or other submission is signed 

in violation of this provision, the Commission shall upon motion or upon 

its own initiative impose appropriate sanctions.

    (5) Legal arguments must be supported by appropriate judicial, 

Commission, or statutory authority. Opposing authorities must be 

distinguished. Copies must be provided of all non-Commission authorities 

relied upon which are not routinely available in national reporting 

systems, such as unpublished decisions or slip opinions of courts or 

administrative agencies.

    (6) Parties are responsible for the continuing accuracy and 

completeness of all information and supporting authority furnished in a 

pending complaint proceeding. Information submitted, as well as relevant 

legal authorities, must be current and updated as necessary and in a 

timely manner at any time before a decision is rendered on the merits of 

the complaint.

    (b) Copies to be Filed. Unless otherwise directed by specific 

regulation or the Commission, an original and two (2) copies of all 

pleadings shall be filed in accordance with Sec. 0.401(a) of this 

chapter, except that petitions requiring fees as set forth at part 1, 

subpart G of this chapter must be filed in accordance with Sec. 

0.401(b) of this chapter.

    (c) Frivolous pleadings. It shall be unlawful for any party to file 

a frivolous pleading with the Commission. Any violation of this 

paragraph shall constitute an abuse of process subject to appropriate 

sanctions.



[64 FR 6569, Feb. 10, 1999]