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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