Goto Section: 1.12 | 1.14 | Table of Contents

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]


Goto Section: 1.12 | 1.14

Goto Year: 2006 | 2008
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