regulations or practices whenever that is possible.

§ 1.579 Separate statement of each provision violated. When a violation of more than one provision of a section of the act is alleged, such violation shall be separately stated with respect to each provision of the act claimed to be violated.

In

§ 1.580 Allegations; certainty. case recovery of damage is sought, the complaint should contain appropriate allegations showing such data as will serve to identify, with reasonable certainty, the communications or transmissions, or other services, in respect of which recovery is sought and shall state (a) that the complainant makes claim for reparation; (b) the name and address of each individual claimant asking reparation; (c) the name and address of defendants against which claim is made; (d) the communications, transmissions, or other services rendered, the charge applied thereto, the date when charges were paid, by whom paid, and by whom borne; (e) the period of time within which, or the specific dates when such communications, transmissions or other services were rendered; (f) points of origin and reception of such communications or transmissions, and if the damages sought to be recovered are for services other than communications or transmissions, then the allegations of the complaint shall state the nature and extent of such services, the date or dates when rendered, when paid for, and by whom borne; (g) nature and amount of injury sustained by each claimant; (h) if reparation is sought on behalf of others than the complainant, in what capacity or by what authority complaint is made in their behalf; and (i) that claimant has not filed suit in any court on the basis of the same claim.

§ 1.581 Challenge of general rate adjustments; reparation. If a general rate adjustment is challenged in the complaint, or many communications and transmissions or points of origin and reception are involved, the Commission will find and determine in its report the issues as to violation of the act, injury thereby to complainant, and right to reparation. The Commission will afford the parties opportunity to agree or make proof respecting the communications, transmissions, or other services, and amount of reparation due under its findings, before entering its order awarding

reparation. In such cases, authenticated schedules of charges, receipts, statements, and other exhibits bearing on details of such communications, transmissions, or other services, for which reparation is claimed, and the amount claimed (separately stated with respect to each communication, transmission, or other service rendered), need not be produced at the hearing unless called for or needed to develop other pertinent facts.

§ 1.582

Discrimination specified. In case unjust or unreasonable discrimination is alleged, the charge, practice, classification, regulation, facility, or service complained of must be clearly specified.

§ 1.583 Preference or prejudice. In case undue or unreasonable preference, advantage, or prejudice is alleged, the particular person, company, firm, corporation, locality, or description of traffic affected thereby, and the particular preference or prejudice or disadvantage, relied upon as constituting a violation. shall be clearly specified.

§ 1.584 Reparation; prayer for. Reparation will not be awarded upon a complaint unless specifically prayed for, except under unusual circumstances and for good cause shown. Reparation may be awarded, however, upon a supplemental complaint based upon the finding of the Commission in the original proceeding.

§ 1.585 Limitations: damages pendente lite. The Commission will consider as in substantial avoidance of the statute of limitations, a complaint in which the complainant alleges that the matters complained of, if continued in the future, will constitute violations of the act in the particulars and to the extent indicated, and prays reparation accordingly as to charges which shall be paid and borne by complainant on all communications, transmissions, or other services affected thereby occurring during the pendency of the proceeding.

§ 1.586 Supplemental complaints(a) General. Supplemental complaints may be tendered for filing by the parties complainant, against the parties defendant, setting forth any causes of action under the act alleged to have accrued in favor of the complainants and against the defendants since the filing of the original complaint.

(b) Seeking damages. If recovery of damages is sought by supplemental complaint, it must be filed with the Commission within the statutory periods stated in section 415 of the act.

§ 1.587 Cross complaints. Cross complaints alleging violations of the act by other carriers, parties to the proceeding. or seeking relief against them under the act, may be tendered for filing by defendants with their answers and, upon leave granted, will be filed and served by the Commission in the manner provided for serving complaints.

§ 1.588 Answers to complaints and petitions. Any party upon whom a copy of a complaint, petition, or cross complaint is filed under this subpart shall file an answer within 30 days after service of the complaint. Such answer shall be subscribed by the party answering and shall be so drawn as to advise the parties and the Commission fully and completely of the nature of the defense, and shall admit or deny specifically and in detail all material allegations of the complaint. Collateral or immaterial issues shall be avoided in answers and every effort shall be made to narrow the issues. Matters alleged as affirmative defenses shall be separately stated and numbered. Any defendant failing to file and serve answer within the time and in the manner prescribed will be deemed in default, and the Commission will issue an appropriate order. (Counterclaims and set-offs against users of service supplied by carriers are not within the jurisdiction of the Commission.) This section does not apply to protests or applications seeking suspensions of proposed tariff schedules.

§ 1.589 Answers to petitions or amended complaints. Answers to petitions for intervention, or to amended complaints filed and served upon leave granted, need not be separately made unless the defendant so elects, and defendant's answer to the complaint will be deemed its answer to the petition in intervention.

§ 1.590 Requests for suspension of tariff schedules. Requests for suspensions of tariff schedules under section 204 of the act will not ordinarily be considered unless made in writing or by telegram at least 10 days before the effective date named in the schedule. Requests for suspensions must indicate the schedule affected by its Federal Com

munications Commission number and give specific reference to the items against which protest is made, together with a statement of the grounds thereof. If such request is made by telegram, the telegram must be followed and confirmed by request in writing and the telegram should succinctly state the substance of the matters to be set forth in the written request. Sixteen copies of each written request must be furnished to the Commission.

RULES CONCERNING SHOW CAUSE ORDERS AND TENTATIVE VALUATIONS

§ 1.591 Order to show cause. (a) Whenever the Commission desires to institute a proceeding within its jurisdiction under title II of the act against any common carrier, it will commence such action by serving upon the carrier an order to show cause. Said order shall contain a statement of the particulars and matters concerning which the Commission is inquiring, and the reasons for such action, and shall call upon the carrier to appear before the Commission at a place and time therein stated, and answer and give evidence upon the matters specified in said order. The Commission may require in said order, that the carrier file with the Commission its verified answer to the order to show cause, on or before a day certain, prior to the hearing date therein fixed, in no event less than 30 days after service of the order.

(b) Any carrier, upon whom an order to show cause has been served under this section shall respond to the same by filing its answer within the time specified in said order. Such answer shall be drawn so as specifically to admit or deny the charges or allegations which may be made in said order, and so as to advise the Commission fully and completely upon the matters and things inquired of. § 1.592 Protests of tentative valuations. Protests in opposition to a tentative valuation shall be subscribed and verified and shall contain a concise statement of the essential elements of the protest with particularity as to the matters concerning which protest is made. Each object of protest shall be set up as a separate item in a separately numbered paragraph and the protest shall also include a statement of the protestant's interest in the matter in controversy.

SUBPART F-GENERAL RULES OF PRACTICE AND PROCEDURE

GENERAL

§ 1.701 Suspension, amendment or waiver of rules. The rules and regulations of the Commission may be suspended, revoked, modified, amended, or supplemented, in whole or in part, at any time by the Commission, subject to the provisions of the Administrative Procedure Act. Any provision of the rules may be waived by the Commission, if good cause therefor exists.

§ 1.702 Petition for amendment or waiver of rules. Any interested person may petition for issuance, amendment, repeal or waiver of any rule or regulation. Such petition shall show the text of the proposed rule, or its change, and set forth the reason in support of the petition.

§ 1.703 Computation of time. In computing any period of time prescribed or allowed by the Commission's rules or by order of the Commission the day of the act, event, or default, after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Sunday or a legal holiday or a Saturday on which the Commission's offices are not open, in which event the period runs until the end of the next day which is not a Sunday, holiday, or Saturday on which the Commission's offices are not open. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday.

PERSONAL APPEARANCES; PRACTITIONERS

§ 1.711 Appearances. Any person appearing before the Commission or any of its representatives may be heard in person and may be accompanied, represented and advised by counsel.

§ 1.712 Authority for representation. Any person, in a representative capacity, transacting business with the Commission, may be required to show his authority to act in such capacity.

§ 1.713 Persons who may be admitted to practice. (a) The Commission will maintain a register of attorneys admitted to practice before the Commission. Any attorney at law in good standing

admitted to practice before any court of the United States, the District of Columbia, or the highest court of any State or Territory, may register by filing with the Commission, an affidavit to this effect on FCC Form No. 786. The Commission may, if it so desires, require additional proof of said attorney's qualifications.

(b) Any attorney at law who has not been admitted to practice before the Commission may, in the discretion of the Commission or the official presiding at any hearing, be admitted for a particular case in which he may be employed.

§ 1.714 Suspension or disbarment of attorneys. The Commission may censure, suspend, disbar, or revoke the right of any person who has been admitted to practice before it if it finds that such person has in obtaining admission concealed any material facts with reference to his legal qualifications, professional standing, character or integrity, or has failed to conform to recognized standards of professional conduct. Before any member of the bar of the Commission shall be censured, suspended, disbarred, or his right to practice before the Commission revoked, charges shall be preferred by the Commission against such practitioner and he shall afforded an opportunity to be heard thereon.

be

§ 1.715 Former employees. (a) No member, officer, or employee of the Commission shall, within 2 years after his service with the Commission is terminated, appear as attorney before the Commission in any cause or application which he has handled or passed upon while in the service of the Commission.

(b) No member, officer or employee of the Commission (1) whose active service with the Commission has terminated but who is receiving pay while on annual leave not taken prior to separation from such active service, or (2) who is in any other leave status, shall appear as attorney or participate in the preparation or handling of any matter before, or to be submitted to, the Commission.

§ 1.716 Appearance blanks. Each attorney representing a party to any proceeding shall enter his appearance in duplicate on the form prescribed for the purpose by the Commission prior to participating in such proceeding, which appearance shall be made a part of the record.

PETITIONS AND OTHER REQUESTS FOR

COMMISSION ACTION

§ 1.721 General. Persons desiring to file complaints with the Commission or to request information on file with the Commission or for any other relief under the jurisdiction of the Commission may do so either formally or informally. Formal submissions must be by way of petition which shall set forth clearly and concisely the petitioner's interest and facts supporting the relief sought and must comply with the Commission's rules concerning pleadings. All other submittals will be considered as informal in nature.

§ 1.722 Petitions to intervene. (a) Special rules governing petitions to intervene in matters arising under title III of the Communications Act are set forth in § 1.388.

(b) In all other proceedings persons desiring to intervene must file a petition setting forth the grounds of the proposed intervention, the position and interest of the petitioner, in the proceeding, the facts on which the petitioner bases his claim that his intervention will be in the public interest. If a proper showing is made, the Commission will grant the petition and permit participation in the proceedings. If the facts warrant, the Commission may limit participation by such persons to particular issues or to a particular stage of the proceedings. The granting of a petition to intervene shall not have the effect of changing or enlarging the issues which shall be those specified in the Commission's notice of hearing unless on motion the Commission shall amend the same.

§ 1.723 Request by nonparties to participate in hearings; communications relating to applications. (a) There will be maintained in the office of the Secretary of the Commission a record of all communications received by the Commission relating to the merits of any application pending before the Commission requesting the granting, renewal, modification, or revocation of any license or construction permit, certificate of convenience and necessity, or rate schedule. Such record shall show the name and address of the person making the statement and the substance of such statement. When the date of hearing has been set, if the matter is designated for hearing, the Secretary shall notify all persons shown by the records to have communicated with the Commission regarding the

merits of such matter in order that such persons will have an opportunity to appear and give evidence at such hearing. In the case of communications bearing more than one signature, notice shall be given to the person first signing unless the communication clearly indicates that such notice should be sent to someone other than such person.

(b) No such person shall be precluded from giving any relevant material and competent testimony at such hearing because he lacks a sufficient interest to justify his intervention as a party in the matter.

(c) No such communication will be considered by the Commission in determining the merits of any such matter, nor shall any such communication be considered by any hearing officer unless it has been introduced into evidence at the hearing and appears as a part of the record. The admissibility of any such communication or the Secretary's record of any such communication shall be governed by the applicable rules of evidence, and no such communication shall be admissible on the basis of a stipulation unless Commission's counsel as well as counsel for all of the parties shall join in such stipulation.

(d) Such communications, however, may be considered by the Commission if circumstances warrant in deciding whether or not a matter shall be set down for hearing in cases where in the absence of such communication no hearing would be required by the Commission.

§ 1.724 Petitions to consolidate. (a) The Commission, upon motion, or upon its own motion, will, where such action will best conduce to the proper dispatch of business and to the ends of justice, consolidate for hearing (1) any cases which involve the same applicant or arise from the same complaint or cause, or (2) any applications which by reason of the privileges, terms, or conditions requested present conflicting claims of the same nature.

(b) Any application that is mutually exclusive with another application or applications already designated for hearing will be consolidated for hearing with such other application or applications only if the application in question is filed at least 30 days before the date on which the hearing on the prior application or applications is scheduled provided, however, that in broadcast matters a mutually exclusive application will be consolidated

for hearing with such other application or applications only if the later application has been filed not later than ten days after public notice has been given by the Commission of its order designating a prior application or applications for hearing. If the later application is filed after said ten days it will be dismissed without prejudice and will be eligible for refiling only after a final decision is rendered by the Commission with respect to the prior application or applications or after such application or applications are dismissed or removed from the hearing docket. If, in nonbroadcast matters the scheduled date is changed, the date last set shall govern in determining the timeliness of an application.

[Paragraph (b) amended, 20 F. R. 10161, Dec. 31, 1955]

§ 1.725 Motions to enlarge or change the issues. (a) Special rules governing motions to enlarge or change the issues in matters arising under title III of the Communications Act are set forth in § 1.389.

(b) In all other proceedings, motions to enlarge or change the issues may be filed by any party to a hearing.

§ 1.726 Reconsideration or rehearing. (a) Special rules relating to petitions for reconsideration or rehearing concerning matters arising under title III of the Communications Act are set forth in §§ 1.386 and 1.390.

(b) Rules governing petitions for rehearing in other cases are set forth in §§ 1.891-1.896.

(c) The Commission may on its own motion set aside any action made or taken by it within 30 days after public notice is given of such action.

§ 1.727 Complaints. (a) Special rules governing complaints as to matters arising under title II of the Communications Act are set forth in §§ 1.571-1.590.

(b) In other matters, formal petitions may be filed complaining of anything done, or omitted to be done, in contravention of provisions of law or of the Commission's rules and regulations. Upon the filing of such a petition the Commission will either make an investigation and issue a report or will deny the petition, setting forth the reasons therefor. Persons desiring to submit complaints by informal methods may do so. Such complaints may, in the Commission's discretion be investigated or other

wise acted upon in any manner the Commission may deem expedient; but such informal compla nt shall not be deemed to be a formal complaint within the meaning of this part, irrespective of any action taken thereon by the Commission. § 1.728 Declaratory rulings. The Commission may in its discretion on motion or on its own motion issue a declaraatory ruling terminating a controversy or removing uncertainty.

§ 1.729

Adverse rulings on petitions. (a) Whenever the Commission denies in whole or in part any petition, prompt notice thereof will be given. This notice will contain or be accompanied by a statement of the reasons for the Commission's action unless it is merely an affirmance of a prior denial where reasons were given or the reasons for the denial are self-evident.

(b) The requirements of this section shall apply only to formal petitions as defined in § 1.721.

§ 1.730 Oppositions and replies to oppositions. Except as otherwise provided, oppositions to petitions must be filed within 10 days after such petitions are filed with the Commission. Replies to such oppositions must be filed within 5 days after such oppositions are filed with the Commission. No other pleadings may be filed with the Commission unless (a) specifically requested by the Commission or (b) leave to file such additional pleadings has been granted by the Motions Commissioner upon a showing of good cause.

MOTIONS DOCKET

§ 1.741 Action by Commission. In cases designated for formal hearing, all motions, petitions and other pleadings requesting final disposition of any case on its merits, those having the nature of an appeal to the Commission, those changing the issues upon which the hearing was ordered, and those requesting change or modification of a final order made by the Commission, shall be acted upon by the Commission. All other motions, petitions and other pleadings shall be acted upon in accordance with §§ 1.742 to 1.750.

§ 1.742 Action by Motions Commissioner or Commissioner designated to preside at a hearing. In cases designated for formal hearing all motions, petitions and other pleadings, except those subject to Commission action under § 1.741. shall be acted upon by the Motions Com