§  1.728   Formal complaints not stating a cause of action; defective
pleadings.

   (a) Any document purporting to be a formal complaint which does not
   state a cause of action under the Communications Act will be dismissed.
   In such case, any amendment or supplement to such document will be
   considered a new filing which must be made within the statutory periods
   of limitations of actions contained in section 415 of the
   Communications Act.

   (b) Any other pleading filed in a formal complaint proceeding not in
   conformity with the requirements of the applicable rules in this part
   may be deemed defective. In such case the Commission may strike the
   pleading or request that specified defects be corrected and that proper
   pleadings be filed with the Commission and served on all parties within
   a prescribed time as a condition to being made a part of the record in
   the proceeding.

   [ 53 FR 11854 , Apr. 11, 1988]

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