§ 1.47   Service of documents and proof of service.

   (a) Where the Commission or any person is required by statute or by the
   provisions of this chapter to serve any document upon any person, service
   shall  (in  the  absence of specific provisions in this chapter to the
   contrary)  be  made in accordance with the provisions of this section.
   Documents  that  are required to be served by the Commission in agency
   proceedings (i.e., not in the context of judicial proceedings, Congressional
   investigations, or other proceedings outside the Commission) may be served
   in electronic form. In proceedings involving a large number of parties, and
   unless otherwise provided by statute, the Commission may satisfy its service
   obligation by issuing a public notice that identifies the documents required
   to  be  served  and that explains how parties can obtain copies of the
   documents.

   Note to paragraph (a): Section 1.47(a) grants staff the authority to decide
   upon the appropriate format for electronic notification in a particular
   proceeding, consistent with any applicable statutory requirements. The
   Commission  expects that service by public notice will be used only in
   proceedings with 20 or more parties.

   (b)  Where any person is required to serve any document filed with the
   Commission, service shall be made by that person or by his representative on
   or before the day on which the document is filed.

   (c) Commission counsel who formally participate in any proceeding shall be
   served  in  the  same  manner as other persons who participate in that
   proceeding. The filing of a document with the Commission does not constitute
   service upon Commission counsel.

   (d) Except in formal complaint proceedings against common carriers under
   § § 1.720 through 1.736, documents may be served upon a party, his attorney,
   or other duly constituted agent by delivering a copy or by mailing a copy to
   the last known address. See § 1.736. Documents that are required to be served
   must be served in paper form, even if documents are filed in electronic form
   with the Commission, unless the party to be served agrees to accept service
   in some other form.

   (e) Delivery of a copy pursuant to this section means handing it to the
   party, his attorney, or other duly constituted agent; or leaving it with the
   clerk or other person in charge of the office of the person being served;
   or, if there is no one in charge of such office, leaving it in a conspicuous
   place therein; or, if such office is closed or the person to be served has
   no office, leaving it at his dwelling house or usual place of abode with
   some person of suitable age and discretion then residing therein.

   (f) Service by mail is complete upon mailing.

   (g) Proof of service, as provided in this section, shall be filed before
   action is taken. The proof of service shall show the time and manner of
   service, and may be by written acknowledgement of service, by certificate of
   the person effecting the service, or by other proof satisfactory to the
   Commission. Failure to make proof of service will not affect the validity of
   the service. The Commission may allow the proof to be amended or supplied at
   any time, unless to do so would result in material prejudice to a party.

   (h) Every common carrier and interconnected VoIP provider, as defined in
   § 54.5 of this chapter, and non-interconnected VoIP provider, as defined in
   § 64.601(a)(15) of this chapter and with interstate end-user revenues that
   are subject to contribution to the Telecommunications Relay Service Fund,
   that  is  subject to the Communications Act of 1934, as amended, shall
   designate an agent in the District of Columbia, and may designate additional
   agents if it so chooses, upon whom service of all notices, process, orders,
   decisions, and requirements of the Commission may be made for and on behalf
   of such carrier, interconnected VoIP provider, or non-interconnected VoIP
   provider in any proceeding before the Commission. Such designation shall
   include,   for   the   carrier,   interconnected   VoIP  provider,  or
   non-interconnected VoIP provider and its designated agents, a name, business
   address, telephone or voicemail number, facsimile number, and, if available,
   Internet e-mail address. Such carrier, interconnected VoIP provider, or
   non-interconnected VoIP provider shall additionally list any other names by
   which it is known or under which it does business, and, if the carrier,
   interconnected VoIP provider, or non-interconnected VoIP provider is an
   affiliated company, the parent, holding, or management company. Within
   thirty (30) days of the commencement of provision of service, such carrier,
   interconnected VoIP provider, or non-interconnected VoIP provider shall file
   such information with the Chief of the Enforcement Bureau's Market Disputes
   Resolution Division. Such carriers, interconnected VoIP providers, and
   non-interconnected VoIP providers may file a hard copy of the relevant
   portion of the Telecommunications Reporting Worksheet, as delineated by the
   Commission  in the Federal Register, to satisfy this requirement. Each
   Telecommunications Reporting Worksheet filed annually by a common carrier,
   interconnected VoIP provider, or non-interconnected VoIP provider must
   contain a name, business address, telephone or voicemail number, facsimile
   number,  and, if available, Internet e-mail address for its designated
   agents, regardless of whether such information has been revised since the
   previous   filing.   Carriers,   interconnected  VoIP  providers,  and
   non-interconnected VoIP providers must notify the Commission within one week
   of any changes in their designation information by filing revised portions
   of  the  Telecommunications  Reporting Worksheet with the Chief of the
   Enforcement Bureau's Market Disputes Resolution Division. A paper copy of
   this designation list shall be maintained in the Office of the Secretary of
   the  Commission.  Service of any notice, process, orders, decisions or
   requirements of the Commission may be made upon such carrier, interconnected
   VoIP provider, or non-interconnected VoIP provider by leaving a copy thereof
   with such designated agent at his office or usual place of residence. If
   such carrier, interconnected VoIP provider, or non-interconnected VoIP
   provider fails to designate such an agent, service of any notice or other
   process in any proceeding before the Commission, or of any order, decision,
   or  requirement of the Commission, may be made by posting such notice,
   process, order, requirement, or decision in the Office of the Secretary of
   the Commission.

   [ 28 FR 12415 , Nov. 22, 1963, as amended at  40 FR 55644 , Dec. 1, 1975;  53 FR 11852 , Apr. 11, 1988;  63 FR 1035 , Jan. 7, 1998;  63 FR 24124 , May 1, 1998;  64 FR 41330 , July 30, 1999;  64 FR 60725 , Nov. 8, 1999;  71 FR 38796 , July 10,
   2006;  76 FR 24390 , May 2, 2011;  76 FR 65969 , Oct. 25, 2011]

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