Section 413 of the Communications Act of 1934, as amended by TRA96, the text of which is available here: http://www.fcc.gov/Reports/1934new.pdf and which is referenced by Form 499A, also has this to say on the subject: SEC. 413. [47 U.S.C. 413] DESIGNATION OF AGENT FOR SERVICE. It shall be the duty of every carrier subject to this Act to designate in writing an agent in the District of Columbia, upon whom service of all notices and process and all orders, decisions, and requirements of the Commission may be made for and on behalf of said carrier in any proceeding or suit pending before the Commission, and to file such designation in the office of the secretary of the Commission, which designation may from time to time be changed by like writing similarly filed; and thereupon service of all notices and process and orders, decisions, and requirements of the Commission may be made upon such carrier by leaving a copy thereof with such designated agent at his office or usual place of residence in the District of Columbia, with like effect as if made personally upon such carrier, and in default of such designation of such agent, service of any notice or other process in any proceeding before said Commission, or of any order, decision, or requirement of the Commission, may be made by posting such notice, process, order, requirement, or decision in the office of the secretary of the Commission. On 07/07/2010 09:20 AM, Alex Balashov wrote:
On 07/07/2010 08:50 AM, CLEC NY wrote:
Can anyone explain why a CLEC must have DC Agent and what is the role of a DC Agent.
Best and most pedestrian explanation I've seen is actually in the FCC Form 499-A instructions:
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Section 413 of the Act requires each carrier ?to designate in writing an agent in the District of Columbia? uponwhom all notices, process, orders, and decisions made by the Commission may be served on behalf of that carrier in any proceeding pending before the Commission
Lines 209-218 -- The second part of Block 2 contains information on the filer's agents for service of process,including the agent located in the District of Columbia ("D.C. Agent"). All carriers and interconnected VoIP providers must enter the name, business address, telephone or voicemail number, facsimile number, and, if available,Internet e-mail address for their designated D.C. Agent. Note that service of any notice, process, orders, decisions,and requirements of the Commission may be made upon the reporting entity by leaving a copy thereof with this designated agent during normal business hours at the agent's office or other usual place of residence. In addition to providing the required information on the carrier's D.C. Agent, the reporting entity may elect to provide a local or alternate agent for service of process located outside the District of Columbia. Reporting entities other than carriers and interconnected VoIP providers need only report one agent for service of process, whether located inside the District of Columbia or otherwise.
Carriers and interconnected VoIP providers must designate a single agent for service of process in the District of Columbia for all Commission business. Although FCC Form 499-A permits carriers and interconnected VoIP providers to designate a preferred alternate or local agents for service of process, each designated agent for a particular carrier or interconnected VoIP provider must accept service for all purposes relating to Commission business. A carrier or interconnected VoIP provider may not limit a designated agent?s ability to accept service on behalf of the carrier or interconnected VoIP provider by subject matter, by jurisdiction, by affiliate or by any other grounds. The Commission may assume that the local or alternate agent is the filer?s preferred destination for all service of process.
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-- Alex Balashov - Principal Evariste Systems LLC 1170 Peachtree Street 12th Floor, Suite 1200 Atlanta, GA 30309 Tel: +1-678-954-0670 Fax: +1-404-961-1892 Web: http://www.evaristesys.com/