§ 1.721   Format and content of complaints.

   (a) Subject to paragraph (e) of this section governing supplemental
   complaints filed pursuant to § 1.722, and paragraph (f) of this section
   governing Accelerated Docket proceedings, a formal complaint shall
   contain:

   (1) The name of each complainant and defendant;

   (2) The occupation, address and telephone number of each complainant
   and, to the extent known, each defendant;

   (3) The name, address, and telephone number of complainant's attorney,
   if represented by counsel;

   (4) Citation to the section of the Communications Act and/or order
   and/or regulation of the Commission alleged to have been violated.

   (5) A complete statement of facts which, if proven true, would
   constitute such a violation. All material facts must be supported,
   pursuant to the requirements of § 1.720(c) and paragraph (a)(11) of
   this section, by relevant affidavits and documentation, including
   copies of relevant written agreements, offers, counter-offers, denials,
   or other related correspondence. The statement of facts shall include a
   detailed explanation of the manner and time period in which a defendant
   has allegedly violated the Act, Commission order, or Commission rule in
   question, including a full identification or description of the
   communications, transmissions, services, or other carrier conduct
   complained of and the nature of any injury allegedly sustained by the
   complainant. Assertions based on information and belief are expressly
   prohibited unless made in good faith and accompanied by an affidavit
   explaining the basis for the plaintiff's belief and why the complainant
   could not reasonably ascertain the facts from the defendant or any
   other source;

   (6) Proposed findings of fact, conclusions of law, and legal analysis
   relevant to the claims and arguments set forth in the complaint;

   (7) The relief sought, including recovery of damages and the amount of
   damages claimed, if known;

   (8) Certification that the complainant has, in good faith, discussed or
   attempted to discuss the possibility of settlement with each defendant
   prior to the filing of the formal complaint. Such certification shall
   include a statement that, prior to the filing of the complaint, the
   complainant mailed a certified letter outlining the allegations that
   form the basis of the complaint it anticipated filing with the
   Commission to the defendant carrier or one of the defendant's
   registered agents for service of process that invited a response within
   a reasonable period of time and a brief summary of all additional steps
   taken to resolve the dispute prior to the filing of the formal
   complaint. If no additional steps were taken, such certificate shall
   state the reason(s) why the complainant believed such steps would be
   fruitless;

   (9) Whether a separate action has been filed with the Commission, any
   court, or other government agency that is based on the same claim or
   same set of facts, in whole or in part, or whether the complaint seeks
   prospective relief identical to the relief proposed or at issue in a
   notice-and-comment proceeding that is concurrently before the
   Commission;

   (10) An information designation containing:

   (i) The name, address, and position of each individual believed to have
   firsthand knowledge of the facts alleged with particularity in the
   complaint, along with a description of the facts within any such
   individual's knowledge;

   (ii) A description of all documents, data compilations and tangible
   things in the complainant's possession, custody, or control, that are
   relevant to the facts alleged with particularity in the complaint. Such
   description shall include for each document:

   (A) The date it was prepared, mailed, transmitted, or otherwise
   disseminated;

   (B) The author, preparer, or other source;

   (C) The recipient(s) or intended recipient(s);

   (D) Its physical location; and

   (E) A description of its relevance to the matters contained in the
   complaint; and

   (iii) A complete description of the manner in which the complainant
   identified all persons with information and designated all documents,
   data compilations and tangible things as being relevant to the dispute,
   including, but not limited to, identifying the individual(s) that
   conducted the information search and the criteria used to identify such
   persons, documents, data compilations, tangible things, and
   information;

   (11) Copies of all affidavits, documents, data compilations and
   tangible things in the complainant's possession, custody, or control,
   upon which the complainant relies or intends to rely to support the
   facts alleged and legal arguments made in the complaint;

   (12) A completed Formal Complaint Intake Form;

   (13) A declaration, under penalty of perjury, by the complainant or
   complainant's counsel describing the amount, method, and date of the
   complainant's payment of the filing fee required under § 1.1106 and the
   complainant's 10-digit FCC Registration Number, if any;

   (14) A certificate of service; and

   (15) A FCC Registration Number is required under Part 1, Subpart W.
   Submission of a complaint without the FCC Registration Number as
   required by Part 1, subpart W will result in dismissal of the
   complaint.

   (b) The following format may be used in cases to which it is
   applicable, with such modifications as the circumstances may render
   necessary:

Before the Federal Communications Commission, Washington, DC 20554

   In the matter of

   Complainant,

         v.

   Defendant.

   File No. (To be inserted by the Enforcement Bureau)

Complaint

   To: The Commission.

   The complainant (here insert full name of each complainant and, if a
   corporation, the corporate title of such complainant) shows that:

   1. (Here state occupation, post office address, and telephone number of
   each complainant).

   2. (Here insert the name, occupation and, to the extent known, address
   and telephone number of defendants).

   3. (Here insert fully and clearly the specific act or thing complained
   of, together with such facts as are necessary to give a full
   understanding of the matter, including relevant legal and documentary
   support).

   Wherefore, complainant asks (here state specifically the relief
   desired).

   (Date)

   (Name of each complainant)

   (Name, address, and telephone number of attorney, if any)

   (c) Where the complaint is filed pursuant to § 47 U.S.C.
   § 271(d)(6)(B), the complainant shall clearly indicate whether or not
   it is willing to waive the ninety-day resolution deadline contained
   within 47 U.S.C. 271(d)(6)(B), in accordance with the requirements of
   § 1.736.

   (d) The complainant may petition the staff, pursuant to § 1.3, for a
   waiver of any of the requirements of this section. Such waiver may be
   granted for good cause shown.

   (e) Supplemental complaints. (1) Supplemental complaints filed pursuant
   to § 1.722 shall conform to the requirements set out in this section
   and § 1.720, except that the requirements in § § 1.720(b), 1.721(a)(4),
   (a) (5), (a)(8), (9), (a)(12), and (a)(13) shall not apply to such
   supplemental complaints;

   (2) In addition, supplemental complaints filed pursuant to § 1.722
   shall contain a complete statement of facts which, if proven true,
   would support complainant's calculation of damages for each category of
   damages for which recovery is sought. All material facts must be
   supported, pursuant to the requirements of § 1.720(c) and paragraph
   (a)(11) of this section, by relevant affidavits and other
   documentation. The statement of facts shall include a detailed
   explanation of the matters relied upon, including a full identification
   or description of the communications, transmissions, services, or other
   matters relevant to the calculation of damages and the nature of any
   injury allegedly sustained by the complainant. Assertions based on
   information and belief are expressly prohibited unless made in good
   faith and accompanied by an affidavit explaining the basis for the
   complainant's belief and why the complainant could not reasonably
   ascertain the facts from the defendant or any other source;

   (3) Supplemental complaints filed pursuant to § 1.722 shall contain a
   certification that the complainant has, in good faith, discussed or
   attempted to discuss the possibility of settlement with respect to
   damages for which recovery is sought with each defendant prior to the
   filing of the supplemental complaint. Such certification shall include
   a statement that, no later than 30 days after the release of the
   liability order, the complainant mailed a certified letter to the
   primary individual who represented the defendant carrier during the
   initial complaint proceeding outlining the allegations that form the
   basis of the supplemental complaint it anticipates filing with the
   Commission and inviting a response from the carrier within a reasonable
   period of time. The certification shall also contain a brief summary of
   all additional steps taken to resolve the dispute prior to the filing
   of the supplemental complaint. If no additional steps were taken, such
   certification shall state the reason(s) why the complainant believed
   such steps would be fruitless.

   (f) Complaints on the Accelerated Docket. For the purpose of this
   paragraph (e), the term document also shall include data compilations
   and tangible things.

   (1) Formal complaints that have been accepted onto the Accelerated
   Docket shall conform to the requirements set out in this section with
   the following listed exceptions:

   (i) The requirement in § 1.720(c) and paragraphs (a)(5) and (a)(11) of
   this section that factual assertions be supported by affidavit shall
   not apply to complaints on the Accelerated Docket. Nevertheless,
   allegations of material fact, whether based on personal knowledge or
   information and belief, that cannot be supported by documentation
   remain subject to the provisions of § 1.52.

   (ii) Complaints on the Accelerated Docket are not required to include
   proposed findings of fact, conclusions of law, and legal analysis
   relevant to the claims and arguments set forth in the complaint, as
   required in paragraph (a)(6) of this section. Nevertheless, complaints
   on the Accelerated Docket shall fully set out the facts and legal
   theories on which the complainant premises its claims.

   (iii) In light of the requirement for staff-supervised settlement
   negotiations in § 1.730(b), complaints on the Accelerated Docket are
   not required to include a certification that the complainant has
   discussed or attempted to discuss the possibility of settlement with
   each defendant, as required in paragraph (a)(8) of this section.

   (iv) In light of the automatic document production required in
   § 1.729(i)(1), complaints on the Accelerated Docket are not required to
   include a description of all relevant documents in the complainant's
   possession, custody or control, as required in paragraph (a)(10)(ii) of
   this section.

   (v) Complaints on the Accelerated Docket are not required to provide
   the description, required in paragraph (a)(10)(iii) of this section, of
   the manner in which the complainant identified persons with knowledge
   of, and documents relevant to, the dispute.

   (2) Formal complaints that have been accepted onto the Accelerated
   Docket will comply with the following requirements in addition to those
   requirements generally applicable in formal complaint proceedings:

   (i) As required in § 1.729(i)(1), complaints on the Accelerated Docket
   shall be accompanied, when served on defendants, by copies of
   documents, within the complainant's possession, custody or control,
   that are likely to bear significantly on the issues raised in the
   complaint. Unless otherwise directed, these documents shall not be
   filed with the Commission.

   (ii) Complaints on the Accelerated Docket will bear the following
   notation in bold typeface above the normal caption on the first page:
   "Accelerated Docket Proceeding: Answer Due Within Ten Days of Service
   Date."

   [ 53 FR 11853 , Apr. 11, 1988, as amended at  63 FR 1035 , Jan. 7, 1998;  63 FR 41446 , Aug. 4, 1998;  64 FR 60725 , Nov. 8, 1999;  66 FR 16616 , Mar.
   27, 2001;  66 FR 47895 , Sept. 14, 2001;  69 FR 41130 , July 7, 2004]

   return arrow Back to Top