---
kind: "section"
citation: "47 C.F.R. § 14.38"
title: "47"
number: "14.38"
heading: "Formal complaints."
url: "https://uscodex.org/cfr/47/14.38"
---

# §14.38. Formal complaints.


Formal complaint proceedings alleging a violation of 47 U.S.C. [255](/usc/47/255.md), [617](/usc/47/617.md), or [619](/usc/47/619.md), or parts [6](/cfr/47/part6.md), [7](/cfr/47/part7.md), or 14 of this chapter, shall be governed by the formal complaint rules in [subpart E of part 1](/cfr/47/part1-subpartE.md), [§§ 1.7201.740](/cfr/47/1.7201.740.md).

- (a) Pleadings must be clear, concise, and explicit. All matters concerning a claim, defense or requested remedy, including damages, should be pleaded fully and with specificity.
- (b) Pleadings must contain facts which, if true, are sufficient to constitute a violation of the Act or Commission order or regulation, or a defense to such alleged violation.
- (c) Facts must be supported by relevant documentation or affidavit.
- (d) Legal arguments must be supported by appropriate judicial, Commission, or statutory authority.
- (e) Opposing authorities must be distinguished.
- (f) Copies must be provided of all non-Commission authorities relied upon which are not routinely available in national reporting systems, such as unpublished decisions or slip opinions of courts or administrative agencies.
- (g) Parties are responsible for the continuing accuracy and completeness of all information and supporting authority furnished in a pending complaint proceeding. Information submitted, as well as relevant legal authorities, must be current and updated as necessary and in a timely manner at any time before a decision is rendered on the merits of the complaint.
- (h) All statements purporting to summarize or explain Commission orders or policies must cite, in standard legal form, the Commission ruling upon which such statements are based.
- (i) Pleadings shall identify the name, address, telephone number, and facsimile transmission number for either the filing party's attorney or, where a party is not represented by an attorney, the filing party.

## Notes

### Amendments

[76 FR 82389, Dec. 30, 2011, as amended at 83 FR 44842, Sept. 4, 2018]

### Authority

Authority: 47 U.S.C. 151-154, 255, 303, 403, 503, 617, 618, 619 unless otherwise noted.

### Source

Source: 76 FR 82389, Dec. 30, 2011, unless otherwise noted.

### Amendments

[76 FR 82389, Dec. 30, 2011, as amended at 83 FR 44842, Sept. 4, 2018]