§ 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, telephone number, and email address 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) 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;

   (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;  79 FR 73845 , Dec.
   12, 2014]

   return arrow Back to Top