FCC Record, Volume 2, No. 1, Pages 1 to 409, January 5 - January 16, 1987 Page: 92
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Federal Communications Commission Record
stance of 1.723 of the present rules. Section 1.721 has also
been expanded to require an explicit identification of the
alleged violation to more fully apprise the defendant and
the Commission as to the substance of the claim and to
facilitate a better response. In addition, we propose that
the telephone number of the party and his or her attorney
be provided. Proposed new Section 1.722 (damages) is
derived from present Sections 1.723 and 1.727, which
now require that supplemental complaints for damages be
filed within the limitation period contained in 47 U.S.C.
415. We are proposing to add the requirement that such
supplemental complaints be filed within 60 days of a
decision on the merits of a complaint. We anticipate that
this will discourage the filing of stale claims for damages,
and will also result in a more easily ascertainable cut-off
period for damages than that contained in the present
rules. Proposed Section 1.724 (answers) was taken from
present Section 1.730, but has been modified to provide
for a uniform 30-day period to file answers, unless otherwise
directed. That section also requires that the defendant
specifically admit or deny the allegations raised in
the complaint, which is similar to that found in Rule 8 of
the Federal Rules of Civil Procedure. By requiring such
admissions and denials, the issues in complaint proceedings
will be more clearly drawn or narrowed for decisional
13. We have included minor revisions to the sections
detailing the number of copies required, and the specifications
for pleadings. New Sections 1.733 and 1.734 are
derived from present Sections 1.729 and 1.734. We are
proposing that separate filings generally be made where
more than one carrier is involved and separate evidence is
required. Except in cases involving multiple defendants,
we propose to require the filing of an original plus three
copies of the complaint, with an original plus two copies
of all other pleadings, rather than the four copies now
required. This eliminates the filing of unnecessary copies,
reducing costs to the parties. Further, the present rules
require the Commission to serve initial, amended, cross
and supplemental complaints. We propose that the Commission
serve only the initial complaint and that all other
pleadings be served by the parties. This will reduce Commission
service costs, and also prompt a swifter response
to amended, supplemental and cross complaints by defendants,
due to direct service by the parties. Finally, we
have proposed to eliminate the requirement that parties
verify complaints and propose to rely on the signature of
counsel, as an officer of the court, as an affirmation of the
accuracy of the pleading. This is consistent with the
practice in federal courts.
14. Finally, other conforming amendments, such as
reordering of sections to improve the logical sequence of
procedural requirements, and deletion of language in
present Section 1.47(b) now requiring Commission service
of supplemental, cross and amended complaints, are
proposed. We also propose to delete present Section
1.713, which requires Commission authorization prior to
satisfaction of certain complaints, in its entirety, since it
duplicates existing common carrier obligations under the
III. PAPERWORK REDUCTION ACT ANALYSIS
15. The proposals contained herein have been analyzed.
with respect to the Paperwork Reduction Act of 1980 and
found to contain no new or modified form, information
collection and/or record keeping, labeling, disclosure, or
record retention requirements. and will not increase or
decrease burden hours imposed on the public.
IV. REGULATORY FLEXIBILITY ACT INITIAL
16. Reason for action. The Commission is initiating this
making proceeding because of the need to revise the
formal complaint rules to improve efficiency, to facilitate
a prompt resolution of such cases, to clarify and improve
the rules and present them in a more orderly and understandable
fashion, and to promote a well-developed and
complete record for disposition of complaints.
17. The Objective. The objective of this notice of proposed
rulemaking is to seek public comment on proposed
amendments to the formal complaints rules set forth
above. The Commission wishes to adopt amendments to
these rules which will facilitate the prompt resolution of
such complaints, improve the processing of such matters,
and promote a fuller and better record in formal complaints
18. Legal basis. The authority for this proposed
rulemaking is contained in Sections 1, 4(i). 208 and 403
of the Communications Act, 47 U.S.C. 151, 154(i), 208
19. Description, potential impact and number of small
entities affected. The proposed changes will not have a
significant economic impact on a substantial number of
small entities. Although the present formal complaint
rules do not expressly require the filing of evidentiary and
legal support, parties have always been ultimately responsible
for proving and supporting their positions. The
proposed changes merely make clearer and more understandable
these obligations. Promoting a better record for
disposition may ultimately prove economically beneficial
to these entities.
20. Recording, record keeping and other compliance requirements.
No additional paperwork will be required by
the proposals set forth in this proceeding.
21. Federal rules which overlap, duplicate or conflict with
this rule. None.
22. Any significant alternatives minimizing impact on
small entities and consistent with stated objectives. There
are no significant alternatives which would minimize the
impact on small entities. The Commission's alternative
would be to take no steps to improve the complaint
process. This would be inconsistent with the public interest
and with the current Commission objective of providing
service to the public in the most efficient, expeditious
23. Comments are solicited. Written comments are requested
on this Initial Regulatory Flexibility Analysis.
These comments must be filed in accordance with the
same filing deadlines set for comments on the other issues
in this notice of proposed rulemaking, but they must have
a separate and distinct heading designating them as responses
to the regulatory flexibility analysis.
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United States. Federal Communications Commission. FCC Record, Volume 2, No. 1, Pages 1 to 409, January 5 - January 16, 1987, book, January 1987; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc1597/m1/99/: accessed September 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.