Detailed procedural rules and filing requirements govern the formal Section 208 complaint process. Like federal court litigation, the formal complaint process includes a complaint, answer, reply, motions, discovery, and briefs.
Before filing a formal complaint, carefully review the applicable procedural rules, which are found at 47 CFR §§ 1.720 - 1.740. See Amendment of Procedural Rules Governing Formal Complaint Proceedings Delegated to the Enforcement Bureau, Report and Order, 33 FCC Rcd 7178 (2018). Additional information can be found in the FCC's Report and Order adopting these rules (12 FCC Rcd 22497 (1997)) and the Order on Reconsideration in that proceeding (16 FCC Rcd 5681 (2001)).
Note that a filing fee must accompany all formal complaints. See 47 CFR § 1.1106. If a complaint is addressed against multiple defendants, a separate fee is required for each defendant. See 47 CFR § 1.1734(b). The filing fee is subject to change. Therefore, it is important to review the most recent version of the rules pertaining to filing a formal complaint, particularly those relating to the filing fee. For up-to-date information about current filing fees contact the FCC’s Helpline at 1-888-225-5322, and for any questions regarding filing procedures, contact MDRD staff at (202) 418-7330 or EBMDRD.Division@fcc.gov. Failure to comply with any of these rules can result in the dismissal of a complaint.
We strongly encourage parties to formal complaints to be represented by counsel familiar with FCC procedures. Before filing a formal complaint, please contact MDRD staff to discuss the issues in dispute and explore the possibilities for resolution through pre-complaint mediation supervised by MDRD staff.