Goto Section: 1.12 | 1.14 | Table of Contents
FCC 1.13
Revised as of October 1, 2009
Goto Year:2008 |
2010
§ 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 § 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: 2008 |
2010
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