FCC Agent for Service of Process On June 14, 2005, the FCC issued a Public Notice reminding telecommunications service providers of their obligation under Section 255 of the Communications Act of 1934 ("1934 Act") to designate an agent for service of complaints received by the FCC.  Providers of telecommunications services which have not yet done so should designate an agent for such purposes in accordance with FCC requirements. On September 29, 1999, the FCC released a Report and Order and Further Notice of Inquiry adopting regulations to implement Section 255, which requires telecommunications service providers to ensure that their services and equipment are accessible to persons with disabilities, to the extent that it is readily achievable to do so.  These regulations require, in part, that telecommunications service providers covered by Section 255 designate an agent for service of informal and formal complaints received by the FCC.  The designation shall include a name, business address, telephone number, and, if available, TTY number, facsimile number and email address.  Parties are permitted to designate law firms for these purposes.  It is important that service providers designate an agent not only to comply with Section 255 of the 1934 Act, but also, on a more practical level, to ensure that complaints, orders and other official FCC correspondence are promptly received in order that applicable deadlines can be satisfied.  For example, telecommunications service providers are subject to damage awards under Section 255 in the event that the complaint is decided by the FCC against the provider.  Not having a designated agent through which to receive such complaints (in order that they can be promptly responded to) may increase the likelihood of adverse rulings and potential damage awards.  This requirement is similar to the separate requirement set forth in Section 413 of the 1934 Act which obligates telecommunications providers to designate an agent physically located in the District of Columbia upon whom service of all notices, orders, and official FCC correspondence may be made.  Section 413 requires that this designation be filed with the FCC's Office of the Secretary.  Telecommunications providers are presently allowed to designate a District of Columbia agent for service pursuant to Section 413 by completing and/or updating the information contained in FCC Form 499A, Block 2-B (lines 209-213).  June 2005 Back