FCC 1.49 Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 1.49 Specifications as to pleadings and documents.
(a) All pleadings and documents filed in paper form in any Commission
proceeding shall be typewritten or prepared by mechanical processing
methods, and shall be filed on A4 (21 cm. × 29.7 cm.) or on 81⁄2 × 11
inch (21.6 cm. × 27.9 cm.) paper with the margins set so that the
printed material does not exceed 61⁄2 × 91⁄2 inches (16.5 cm. × 24.1
cm.). The printed material may be in any typeface of at least 12-point
(0.42333 cm. or 12⁄72 ″) in height. The body of the text must be double
spaced with a minimum distance of 7⁄32 of an inch (0.5556 cm.) between
each line of text. Footnotes and long, indented quotations may be
single spaced, but must be in type that is 12-point or larger in
height, with at least 1⁄16 of an inch (0.158 cm.) between each line of
text. Counsel are cautioned against employing extended single spaced
passages or excessive footnotes to evade prescribed pleading lengths.
If single-spaced passages or footnotes are used in this manner the
pleading will, at the discretion of the Commission, either be rejected
as unacceptable for filing or dismissed with leave to be refiled in
proper form. Pleadings may be printed on both sides of the paper.
Pleadings that use only one side of the paper shall be stapled, or
otherwise bound, in the upper left-hand corner; those using both sides
of the paper shall be stapled twice, or otherwise bound, along the
left-hand margin so that it opens like a book. The foregoing shall not
apply to printed briefs specifically requested by the Commission,
official publications, charted or maps, original documents (or
admissible copies thereof) offered as exhibits, specially prepared
exhibits, or if otherwise specifically provided. All copies shall be
clearly legible.
(b) Except as provided in paragraph (d) of this section, all pleadings
and documents filed with the Commission, the length of which as
computed under this chapter exceeds ten pages, shall include, as part
of the pleading or document, a table of contents with page references.
(c) Except as provided in paragraph (d) of this section, all pleadings
and documents filed with the Commission, the length of which filings as
computed under this chapter exceeds ten pages, shall include, as part
of the pleading or document, a summary of the filing, suitably
paragraphed, which should be a succinct, but accurate and clear
condensation of the substance of the filing. It should not be a mere
repetition of the headings under which the filing is arranged. For
pleadings and documents exceeding ten but not twenty-five pages in
length, the summary should seldom exceed one and never two pages; for
pleadings and documents exceeding twenty-five pages in length, the
summary should seldom exceed two and never five pages.
(d) The requirements of paragraphs (b) and (c) of this section shall
not apply to:
(1) Interrogatories or answers to interrogatories, and depositions;
(2) FCC forms or applications;
(3) Transcripts;
(4) Contracts and reports;
(5) Letters; or
(6) Hearing exhibits, and exhibits or appendicies accompanying any
document or pleading submitted to the Commission.
(e) Petitions, pleadings, and other documents associated with licensing
matters in the Wireless Radio Services may be filed electronically in
ULS. See § 22.6 for specifications.
(f)(1) In the following types of proceedings, all pleadings, including
permissible ex parte submissions, notices of ex parte presentations,
comments, reply comments, and petitions for reconsideration and replies
thereto, must be filed in electronic format:
(i) Formal complaint proceedings under Section 208 of the Act and rules
in § § 1.720 through 1.736, and pole attachment complaint proceedings
under Section 224 of the Act and rules in § § 1.1401 through 1.1418;
(ii) Proceedings, other than rulemaking proceedings, relating to
customer proprietary network information (CPNI);
(iii) Proceedings relating to cable special relief petitions;
(iv) Proceedings involving Over-the-Air Reception Devices; and
(v) Common carrier certifications under rule in § 54.314 of this
chapter.
(2) Unless required under paragraph (f)(1) of this section, in the
following types of proceedings, all pleadings, including permissible ex
parte submissions, notices of ex parte presentations, comments, reply
comments, and petitions for reconsideration and replies thereto, may be
filed in electronic format:
(i) General rulemaking proceedings other than broadcast allotment
proceedings;
(ii) Notice of inquiry proceedings;
(iii) Petition for rulemaking proceedings (except broadcast allotment
proceedings); and
(iv) Petition for forbearance proceedings.
(3) For purposes of paragraphs (b) and (c) of this section, and any
prescribed pleading lengths, the length of any document filed in
electronic form shall be equal to the length of the document if printed
out and formatted according to the specifications of paragraph (a) of
this section, or shall be no more that 250 words per page.
Note to § 1.49: The table of contents and the summary pages shall not
be included in complying with any page limitation requirements as set
forth by Commission rule.
[ 40 FR 19198 , May 2, 1975, as amended at 47 FR 26393 , June 18, 1982; 51 FR 16322 , May 2, 1986; 54 FR 31032 , July 26, 1989; 58 FR 44893 , Aug.
25, 1993; 59 FR 37721 , July 25, 1994; 63 FR 24125 , May 1, 1998; 63 FR 68920 , Dec. 14, 1998; 74 FR 39227 , Aug. 6, 2009; 76 FR 24390 , May 2,
2011]
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