---
kind: "section"
citation: "47 C.F.R. § 1.738"
title: "47"
number: "1.738"
heading: "Complaints filed pursuant to 47 U.S.C. 271(d)(6)(B)."
url: "https://uscodex.org/cfr/47/1.738"
---

# §1.738. Complaints filed pursuant to 47 U.S.C. 271(d)(6)(B).

- (a) Where a complaint is filed pursuant to [47 U.S.C. 271(d)(6)(B)](/usc/47/271.md?p=d-6-B), parties shall indicate whether they are willing to waive the 90 day resolution deadline contained in [47 U.S.C. 271(d)(6)(B)](/usc/47/271.md?p=d-6-B) in the following manner:
  - (1) The complainant shall so indicate in both the complaint itself and in the Formal Complaint Intake Form, and the defendant shall so indicate in its answer; or
  - (2) The parties shall indicate their agreement to waive the 90 day resolution deadline to the Commission staff at the initial status conference, to be held in accordance with [§ 1.733](/cfr/47/1.733.md).
- (b) Requests for waiver of the 90 day resolution deadline for complaints filed pursuant to [47 U.S.C. 271(d)(6)(B)](/usc/47/271.md?p=d-6-B) will not be entertained by the Commission staff subsequent to the initial status conference, absent a showing by the complainant and defendant that such waiver is in the public interest.

## Notes

### Amendments

[83 FR 44837, Sept. 4, 2018]

### Source

Source: 28 FR 12450, Nov. 22, 1963, unless otherwise noted.

### Authority

Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47 U.S.C. 1754, unless otherwise noted.

### Amendments

[83 FR 44837, Sept. 4, 2018]