Note.—The Supreme Court made these changes in the committee’s proposed amendment to Rule 81(c): The phrase, “or within 20 days after the service of summons upon such initial pleading, then filed,” was inserted following the phrase, “within 20 days after the receipt through service or otherwise of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based”, because in several states suit is commenced by service of summons upon the defendant, notifying him that the plaintiff’s pleading has been filed with the clerk of court. Thus, he may never receive a copy of the initial pleading. The added phrase is intended to give the defendant 20 days after the service of such summons in which to answer in a removed action, or 5 days after the filing of the petition for removal, whichever is longer. In these states, the 20-day period does not begin to run until such pleading is actually filed. The last word of the third sentence was changed from “longer” to “longest” because of the added phrase.
The phrase, “and who has not already waived his right to such trial,” which previously appeared in the fourth sentence of subsection (c) of Rule 81, was deleted in order to afford a party who has waived his right to trial by jury in a state court an opportunity to assert that right upon removal to a federal court.
This chapter, referred to in subsec. (i), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
1994—Subsec. (d)(2) to (4). Puspan. L. 103–414, § 303(a)(10), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out heading and text of former par. (2). Text read as follows: “The Commission shall initiate the proceeding required under paragraph (1) within 60 days after October 17, 1990, and shall prescribe regulations pursuant to the proceeding not later than 210 days after October 17, 1990. Such regulations shall take effect not later than 45 days after the date the regulations are prescribed.”
Subsec. (e)(1). Puspan. L. 103–414, § 304(a)(8), struck out “within 9 months after October 17, 1990,” after “The Commission,” in introductory provisions.
1992—Subsec. (d)(4)(A). Puspan. L. 102–538 inserted “and aggregators” after “operator services”.
1990—Subsec. (span)(1). Puspan. L. 101–555, § 4(a), substituted “90 days” for “30 days”.
Subsec. (span)(1)(J). Puspan. L. 101–555, § 4(span), struck out subpar. (J) which read as follows: “not bill an interexchange telephone call to a billing card number which—
“(i) is issued by another provider of operator services, and
“(ii) permits the identification of the other provider,
unless the call is billed at a rate not greater than the other provider’s rate for the call, the consumer requests a special service that is not available under tariff from the other provider, or the consumer expressly consents to a rate greater than the other provider’s rate.”
Subsecs. (span)(2), (c)(1), (h)(1)(A). Puspan. L. 101–555, § 4(a), substituted “90 days” for “30 days”.
Puspan. L. 101–435, § 2, Oct. 17, 1990, 104 Stat. 986, provided that: