applicant, his successor or assignee, will not be considered or designated for hearing until the final disposition of such appeal; Provided, however, That where, pursuant to § 1.102, an application is granted in part and denied in part, and the applicant desires to utilize the partial grant and to contest the partial denial, any such applicant shall be permitted, during the pendency of such appeal, and without prejudice thereto, to file such application or applications as shall be necessary or requisite to the utilization, extension, or renewal, but not for a modification of the instrument in the particulars theretofore denied, and the Commission will consider and dispose of these applications.* [Rule 104.8]

COMPLAINTS

1.121 Formal or informal. Complaints may be either informal or formal. [Rule 105.1]

1.122 Informal complaints; substance. No form of informal complaint is prescribed, but it must be in writing, subscribed and verified by the complainant. The complaint shall state the name and address of the complainant, the name of the carrier against whom complaint is made, and shall state as definitely as possible the basis or reason for the complaint.*t [Rule 105.2]

1.123 Action on informal complaints. Upon receipt of an informal complaint properly drawn and executed, the Commission will, if its nature warrants, take the question up by correspondence with the carrier complained of in an endeavor to bring about satisfaction. Such correspondence with the carrier shall call upon it either to satisfy the complainant or advise the Commission of its refusal or inability to do so within the prescribed time. If the carrier satisfies the complainant it shall immediately notify the Commission by filing with it a receipt of satisfaction executed by the complainant; whereupon the complaint will be dismissed. If the carrier refuses or is unable to satisfy the complainant within the time prescribed, it shall so notify the Commission, which decision the Commission will forthwith give notice of to the complainant.*+ [Rule 105.3]

1.124 Resubmission; 6 months' rule. When an informal complaint has not been satisfied pursuant to § 1.123, the complainant may either file a formal complaint or resubmit his informal complaint within 6 months from the date of the Commission's notice; Provided, however, That such resubmitted informal complaint must contain new material matter upon the same cause of action. The procedure prescribed herein for the handling of informal complaints will be followed in case of resubmitted informal complaints. If such resubmitted informal complaint or a formal complaint is filed with the Commission within the 6 months period, such resubmission or filing will be deemed to relate back to the date of the filing of the original informal complaint.* [Rule 105.4]

1.125 Formal complaints; requirements. Formal complaints shall contain the names of all parties complainant and defendant in full, without abbreviations, the address of each complainant, and the

Page 18

*For statutory and source citations, see note to § 1.1.

name and address of his attorney, if represented by attorney, and shall be subscribed and verified by the complainant. *† ~ [Rule 105.5]

7

1.126 Statement of issues; joinder of causes of complaint. Formal complaints shall be so drawn as to advise the Commission and the defendant fully wherein the provisions of the Act, an order or a rule or regulation of the Commission, have been violated, the facts claimed to constitute such violation, and the relief sought. Two or more grounds of complaint involving the same principle, subject, or state of facts may be included in one complaint, but should be separately stated and numbered.*+ [Rule 105.6]

1.127 Notice of complaints. Upon receipt of any formal complaint against any common carrier subject to the Act, the Commission will forward a copy of the same to such carrier together with a notice of the filing thereof, which notice shall contain an order of the Commission calling upon the carrier to satisfy the complaint or answer the same in writing within the time specified in said notice, which in no event shall be less than 30 days.*+ [Rule 105.7]

1.128 Charges, etc., complained of; specific reference. The several charges, classifications, regulations, or practices complained of shall be set out by specific references to schedules of charges and classifications, and also the particular regulations or practices whenever that is possible.*t [Rule 105.8]

1.129 Provisions of Act violated; separate statement. 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 constitute a violation thereof.*t [Rule 105.9]

1.130 Allegations; appropriate certainty. In 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 known, the routes over which such communications or transmissions were made or transmitted, 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

'See Appendix No. 32 for form of formal complaint. This is not codified but can be obtained from the Commission upon request.

**For statutory and source citations, see note to § 1.1.

Page 19

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.*t [Rule 105.10]

1.131 General rate adjustment challenged; 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 schedule 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 to the hearing unless called for or needed to develop other pertinent facts.*+ [Rule 105.11]

1.132 Discrimination; clearly specified. In case unjust or unreasonable discrimination is alleged, the charge, practice, classification, regulation, facility, or service complained of must be clearly specified.*+ [Rule 105.12]

1.133 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.*f [Rule 105.13]

1.134 Reparation specifically prayed 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.*† [Rule 105.14]

1.135 Sufficiency to toll statute; 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.* [Rule 105.15]

1.136 Supplemental complaints. 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.** [Rule 105.16]

1.137 Supplemental complaint seeking damages. If recovery of damages is sought by supplemental complaint, it must be filed

Page 20

**For statutory and source citations, see note to § 1.1.

with the Commission within the statutory periods stated in section 415 of the Act (48 Stat. 1099; 47 U.S.C. 415).** [Rule 105.17]

1.138 Cross complaints. Cross complaints alleging violations of the Act by other carriers, parties to the proceedings, 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.*† [Rule 105.18]

OTHER PLEADINGS

1.151 Intervention and other relief; verification and contents. Petitions for intervention or for other relief under the jurisdiction of the Commission must be subscribed and verified by the petitioner and shall set forth clearly and concisely the facts supporting the relief sought.** [Rule 105.19]

1.152 Intervention; when allowed. Any party may, at any time, more than 10 days prior to the date of any hearing, file with the Commission a petition to intervene. If the petition discloses a substantial interest in the subject matter of the hearing, the Commission may grant the same and permit the petitioner to be heard at such hearing.*t [Rule 105.20]

1.153 Protests. (a) Protests in opposition to tariff schedules under suspension, or in opposition to a tentative valuation, under the provisions of title II of the Act, shall be subscribed and verified by the protestant and shall contain a concise statement of the essential elements of the protest with particularity 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.

(b) Protests to any application granted by the Commission without a hearing under section 309 (a) of title III of the Act (see § 1.101) shall be subscribed and verified by the protestant and shall contain: (1) A statement of protestant's interest in the matter:

(2) A terse yet complete statement of facts which protestant expects to prove upon the hearing, and,

(3) Proof of service upon the applicant.*t (Sec. 309 (a), 48 Stat. 1085; 47 U.S.C. 309 (a)) [Rule 105.21]

1.154 Answers to complaints and petitions. Any party upon whom a copy of a complaint, petition, or cross complaint is filed, shall answer and file the same within 30 days after service of the complaint. Such answer shall be subscribed and verified 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 made to narrow the issues. Matters alleged as affirmative defense 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

**For statutory and source citations, see note to § 1.1.

Page 21

an appropriate order. (Counter-claims and set-offs against users of service supplied by carriers are not within the jurisdiction of the Commission.)*+ [Rule 105.22]

1.155 Answer to notice of violations under title III. Any licensee receiving official notice of a violation of the terms of the Communications Act of 1934, any legislative Act, Executive order, treaty to which the United States is a party or the rules and regulations of the Federal Communications Commission, which are binding upon licensee or the terms and conditions of a license, shall, within 3 days from such receipt, send a written reply direct to the Federal Communications Commission at Washington, D. C., and a copy thereof to the office of the Commission originating the official notice, when the originating office is other than the office of the Commission in Washington, D. C. The answer to each notice shall be complete in itself and shall not be abbreviated by reference to other communications or answers to other notices. If the notice relates to some violation that may be due to the physical or electrical characteristics of the transmitting apparatus, the answer shall state fully what steps, if any, are taken to prevent future violations, and if any new apparatus is to be installed, the date such apparatus was ordered, the name of the manufacturer, and promised date of delivery.

If the installation of such apparatus requires a construction permit, the file number of the application shall be given, or if a file number has not been assigned by the Commission, such identification as will permit of ready reference.

If the notice of violation relates to some lack of attention or improper operation of the transmitter, the name and license number of the operator in charge shall be given.*+ [Rule 105.23]

1.156 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 defendants answer to the complaint will be deemed its answer to the petition in intervention.* [Rule 105.24]

1.157 Appearance of applicant as pleading under § 1.103. The appearance to be filed pursuant to § 1.103 shall be subscribed and verified by the applicant, and shall consist of a statement of his desire to be heard, and a terse yet complete statement in writing of the facts which he expects to prove at such hearing. The appearance shall be accompanied by proof of service upon all parties notified of the hearing. Such appearance shall be considered a pleading (but not as evidence of the facts therein stated).** [Rule 105.25]

1.158 Answer to appearance. The answer to applicant's appearance to be filed pursuant to §1.103 (b) shall conform to the requirements set forth in § 1.157 with respect to appearance of applicant. No respondent shall be heard in any proceeding under title III unless and until he shall have filed an answer to the applicants appearance in accordance with this section.*t [Rule 105.26]

1.159 Orders instituting action under title II. Whenever the Commission shall institute a proceeding within its jurisdiction under title II of the Act against any common carrier, it shall commence

Page 22

**For statutory and source citations, see note to § 1.1.