FCC 1.13 Revised as of October 1, 2007
Goto Year:2006 |
2008
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 Rule 26 of the Federal
Rules of Appellate Procedure. 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) of the Commission's Rules, 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; 71 FR 6381 , Feb. 8, 2006]
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