[Federal Register Volume 63, Number 84 (Friday, May 1, 1998)]
[Rules and Regulations]
[Pages 24121-24126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10310]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0 and 1
[GC Docket No. 97-113; FCC 98-56]
Electronic Filing of Documents in Rulemaking Proceedings
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In order to implement the changes mandated by the
Telecommunications Act of 1996 to serve the public more quickly and
efficiently, the Commission is expanding the use of electronic filing
in FCC proceedings. The Commission is amending its rules to permit the
filing of pleadings and comments in rulemaking proceedings (except
broadcast allotment proceedings), petitions for rulemaking (except in
broadcast allotment proceedings), pleadings in Notice of Inquiry
proceedings, and petitions for reconsideration and all responsive
pleadings in these proceedings, including ex parte presentations and
summaries or oral ex parte presentations in these proceedings, over the
Internet. This proceeding will make it easier for the public to
participate in FCC rulemaking proceedings and is an important step not
only in the Commission's ongoing efforts to streamline and improve the
Commission's decision making processes.
EFFECTIVE DATE: June 30, 1998.
FOR FURTHER INFORMATION CONTACT: Legal information: Laurence H.
Schecker, Office of General Counsel, 202-418-1720; Technical
information: Sheryl Segal, Office of Public Affairs, 202-418-0265.
SUPPLEMENTARY INFORMATION:
1. In this Order, we amend parts 0 and 1 of our Rules to allow
parties to file comments and other pleadings electronically via the
Internet in FCC informal notice and comment rulemaking proceedings
conducted under section 553 of the Administrative Procedure Act, 5
U.S.C. 553, except for broadcast allotment proceedings. We will also
permit the electronic filing of all pleadings and comments in
proceedings involving petitions for rulemaking (except in broadcast
allotment proceedings) and Notice of Inquiry proceedings (NOIs). We
will evaluate the new rules and assess the operation of the system as
we gain experience to determine whether there is any need to make
modifications, and whether it is feasible to expand further the
applicability of the system beyond rulemaking-related proceedings and
possibly ultimately to require electronic filing. The electronic
comment filing system (ECFS) is now operational and can be used to file
comments electronically in individual proceedings designated by the
Commission. When the rule changes adopted in this order go into effect,
the ECFS may be used for electronic filing of comments as specified in
this order. It is anticipated that the transition to the ECFS as the
official system of record will be completed by July 1998. A Public
Notice will be issued at that time.
2. Formal Status of Electronically Filed Comments. Every commenting
party supported the concept of electronic filing of comments in
rulemaking proceedings. We believe that the electronic transmission of
comments to the Commission will make it easier for the public to
participate in our proceedings, encouraging greater and more diverse
public input. This procedure may well reduce the cost of filing
comments, because parties will no longer have to file multiple paper
copies and arrange for mailing or messenger delivery if the party to be
served agrees to be served electronically. The ECFS will automatically
catalogue all of the comments, making it easier to review comments.
Electronic comment filing will also make it easier for people with
disabilities to participate in our proceedings. As the National
Association of the Deaf observed, the deaf and hard of hearing
community relies on the Internet as an important form of communication,
and the various costs and complications of filing comments on paper has
often prevented these individuals from sharing their views with the
Commission. Furthermore, this procedure will allow for the on-line
review of comments filed with the Commission by the staff and by the
public. We believe that increased public participation in our decision
making process will allow us to consider a broader range of opinions
and input, improving our decision making process. For all these
reasons, we strongly encourage the public to use the ECFS system.
3. We note that for now electronic filing procedures will be used
in general rulemaking proceedings. The procedure will not be available
for rules of ``particular applicability'' (e.g., tariff investigations)
unless the Commission has specifically permitted such filings in those
types of proceedings. Further, electronic filing may be used in general
rulemaking proceedings even when the Commission has dispensed with the
use of notice and comment procedures under the Administrative Procedure
Act's exceptions. In such rulemaking proceedings, electronic filing
could be used for petitions for reconsideration, for example.
4. The choice of the Internet as the filing mechanism generally was
supported by the commenting parties, although some commenters
questioned whether bandwidth limitations might affect the use of the
Internet. Bandwidth is not an issue here because documents will be
transmitted to us electronically and even large documents will not be
of a size to hamper downloading. Our technical staff is working to
ensure that the public easily be able to gain access to and use the
ECFS. Some commenters made specific suggestions for the electronic
filing interface and recommended that changes to the ``quickstart''
interface be made available for public testing. We are reviewing these
suggestions and the final ECFS instructions will explain the
Commission's interface choices. Input from the public and FCC staff on
the ECFS interface is important, and we will
[[Page 24122]]
implement periodic reviews to consider changes to the system in the
future.
5. As we have noted, we strongly encourage the public to utilize
the ECFS system to file comments electronically. However, the public
may continue to file comments by traditional means, on paper. We will
treat comments filed on paper and comments filed electronically the
same. If a party files its comments electronically, there is no need to
file a paper version of the document, and we discourage parties from
filing both electronically and on paper. If both electronic and paper
versions are filed, we will treat the electronic version as the
original, official copy, and one paper copy should be filed. Electronic
comments that are received before the applicable deadline and meet the
necessary formalities will be treated as formal filings, and comments
that are received after the deadlines, or that fail to meet the
necessary formalities, will be treated as informal or ex parte filings.
6. Extension to Other Related Proceedings. We agree with commenters
that electronic filing should be permitted for petitions for rulemaking
(except in broadcast allotment proceedings), pleadings in NOIs, and
petitions for reconsideration and all responsive pleadings in the
foregoing proceedings and rulemaking proceedings (except broadcast
allotment proceedings). We see no reason to phase in these additions to
our electronic comment filing initiative over time. We will amend our
rules accordingly. In the future, after the Commission and the public
has had experience with the ECFS system, we anticipate adding other
types of pleadings and documents to the electronic filing system and
moving toward an all-electronic filing system.
7. Signatures. Extension of the ECFS to proceedings other than
rulemaking proceedings, we might have to amend the signature rule, 47
CFR 1.52, which requires that ``[t]he original of all petitions,
motions, pleadings, briefs, and other documents filed'' by counsel or
by any party not represented by counsel must be signed. For example, in
rulemaking proceedings, petitions for reconsideration, oppositions, and
replies must conform to Sec. 1.52, 47 CFR 1.52. One commenter asserted
that filing electronically results in the lack of a traceable
signature. The only other parties commenting on this question simply
referred to electronic signatures as part of their discussion of
security measures. Sections 1.743(e) and 1.913(e) of our rules, 47 CFR
1.743(e) and 1.913(e), currently permit electronic signatures for
certain applications. Under these rules, ``the signature on an
electronically filed application will consist of the electronic
equivalent of the typed name of the individual.'' We believe these
procedures can be applied to documents filed electronically through the
ECFS, and we will amend Sec. 1.52 of our rules, 47 CFR 1.52, to define
electronic signatures similarly for documents filed in this manner.
8. Ex Parte Submissions. We agree that the ECFS can be used for
summaries of permissible ex parte presentations in rulemaking
proceedings (except broadcast allotment proceedings). If a party is
filing a notice for the record summarizing an oral ex parte meeting in
a permit-but-disclose rulemaking, it may do so electronically or on
paper. In proceedings in which electronic filing is permitted, paper
filings will also be scanned into the system. The summaries of ex parte
presentations will be available to all Commissioners and Commission
staff via the FCC's Internet. In addition, the ECFS will, on a daily
basis, generate a listing of all documents filed electronically or
scanned into the ECFS which will be provided to the Commissioners,
Bureaus, and Offices. Thus, Commission employees involved in oral ex
parte presentations will receive notice of or and have immediate access
to copies of the summaries of oral ex parte presentations. In view of
this, in proceedings in which electronic filing is permitted, we are
modifying the current requirement in Sec. 1.1206(b)(2) of our rules, 47
CFR 1.1206(b)(2), that persons making oral ex parte presentations must
submit copies of the summary of the presentation to the Commissioner or
Commission employee involved in the oral presentation. Written ex parte
presentations in these proceedings can be filed electronically, or, if
filed on paper, will be scanned into the system by Commission
personnel. We note that we are permitting electronic filings in NOIs
and petition for rulemaking proceedings (except broadcast allotment
proceedings). These proceedings are exempt for purposes of ex parte
filing rules. In addition, ex parte comments will be able to be filed
electronically in these proceedings, as Bell Atlantic/NYNEX suggests.
We will reassess the electronic filing of summaries of ex parte
presentations as we gain more experience with the ECFS system.
9. Security. The FCC's Internet servers are protected by a
``firewall'' that prevents outside users from gaining access to our
internal data. The ECFS has been designed to work with the firewall to
keep the master database of comments secure. Security measures make it
more difficult for members of the public to use electronic filing. A
major goal of the ECFS is to make it easier to file information with,
and retrieve information from, the FCC. Unlike specialized FCC
activities, rulemakings are open to all members of the public.
Currently, we have no special security checks for paper filings. Anyone
could mail or hand-deliver a set of paper comments claiming to be a
certain party, and the Commission would have to rely on the real party
to identify the ``imposter'' comments. The same standards should work
just as well for electronic comments. We note that in proceedings in
which electronic filing has been permitted thus far, we have
encountered no problems. We have adequate measures in place to deal
with abusive or frivolous filings. We will not take further steps at
this time, because we agree with commenting parties that such instances
can be addressed on a case-by-case basis.
10. Submission of materials through the ECFS will post them to the
World Wide Web. We anticipate that parties submitting confidential
materials (either those presumptively confidential or those for which
the party seeks confidentiality) will continue to do so on paper. It is
administratively difficult to deal with confidentiality requests in the
rulemaking context because of the large number of parties typically
involved.
11. Filing Deadline Issues. We proposed, at least initially, to
keep the same filing deadline (5:30 p.m. eastern time) for electronic
comments as we currently have for paper comments. Some commenters agree
that we should retain the status quo. Other commenters suggested that
because the ECFS will be accessible 24 hours a day through the
Internet, the filing deadline should be pushed back until midnight.
Other parties indicated that the date and time electronic comments are
received by the Commission, whenever that occurred, should govern, that
is, comments would be received at all times but if received after 5:30
p.m. on a business day, would be deemed to be filed the next business
day. Electronic filing makes it technically possible for us to extend
our filing deadline later in the day, and we wish to encourage
electronic filing. We will therefore permit electronic comments filed
via the ECFS to be made until midnight of the date due. Our rules will
be amended accordingly. We note that a time stamp mechanism so that the
filing date of each comment can be confirmed has already been built
into the ECFS, along with automatic notification to the commenter of
the official filing date and time.
[[Page 24123]]
12. Extensions of Time. We will amend our rules (47 CFR 0.231(i))
to delegate to the Secretary authority to grant requests for extensions
of time based on operational or congestion problems in appropriate
circumstances. We will reassess these procedures after we have had some
experience to determine whether congestion and outages are likely to be
a significant problem.
13. Formatting and Copy Issues. The ECFS has been designed to
accept filings created in the following major word processing formats--
Microsoft Word, WordPerfect, Adobe Acrobat, and ASCII text--as well as
Microsoft Excel for spreadsheets. These formats represent the
overwhelming majority of the market today, and virtually every other
word processor will export files in these formats. For viewing and
printing, the ECFS will automatically convert files into Adobe Acrobat
Portable Document Format (PDF) so that users can access the formatted
files even if they do not have the word processor used to create the
document. The ECFS documentation and on-line help will specify the
acceptable formats. We encourage electronic filers to utilize
sufficiently large fonts to ensure ease of reading documents. Over
time, as users' needs change and technology advances, we will consider
adding additional file formats if technically feasible. Because an
earlier version of Microsoft Internet Explorer did not support a
specific technical feature necessary for uploading files into the FCC's
database system, the quickstart system in use for the past months only
allowed uploading using Netscape Navigator. Microsoft has since added
the necessary feature in the current version of Internet Explorer
(4.0), which is free to the public, so the final ECFS implementation
will support both the major browsers. We anticipate that other browsers
will be able to use the system, and will work to include necessary
features as needed. Documentation for the ECFS will provide users with
additional information on compatible software.
14. Non-electronic attachments to electronic filings should be
filed the same day as the electronic filing. We encourage parties to
scan their attachments as PDF files and submit them electronically. If
parties cannot do so, we will attempt to scan the non-electronic
portion of the filing into the ECFS. If it is not possible to scan the
materials, the party submitting such material should reference it in
the pleading and the materials will be included in the record.
Documents filed electronically should be self-contained. No hyperlinks
to other sites on the Internet will be permitted in electronically-
filed documents. To allow hyperlinks would permit parties to expand,
perhaps endlessly, the materials submitted to us for consideration. It
also could conceivably result in linkage to inappropriate sites. We
will, however, consider this issue as part of our evaluation of the
ECFS.
15. We prefer that parties utilize the ECFS system, but paper
filings can continue to be made accompanied by diskettes. As the system
matures, we will consider whether a bulletin board system should be
added and whether acceptance of CD-ROM is advisable.
16. The ECFS is designed to convert automatically all filings into
Adobe Acrobat (PDF) format. PDF preserves document formatting and
pagination when viewed on different systems, although in some cases
there may be slight differences between the paper and on-line version.
Because there may be deviations from the paper and on-line versions, a
word limit makes sense, since all major word processors include a word
count feature. Also, this measurement is more consistent than file
size, which may vary with the word processor and may change during
electronic transmission. One double-spaced page is roughly 250 words.
Therefore, we will modify our rules to allow either a maximum number of
pages or a maximum number of words (calculated at 250 words per page).
We encourage parties filing on paper to number their paragraphs.
However, we will not require paragraph numbering and failure to include
paragraph numbers will not be a reason for us to disregard a comment.
17. Because electronic submissions will be available simultaneously
to the staff via the FCC Intranet, there is no need for filing multiple
copies. Only one official copy of an electronic filing is necessary,
unless the Commission has specified that additional electronic copies
must be filed, and we will amend our rules accordingly. Commission
staff will handle internal distribution of documents if such
distribution is required. However, we do not anticipate this will be
necessary because the ECFS provides all Commission staff, including the
Commissioners, with almost immediate access to pleadings filed
electronically. As we previously noted, the ECFS will also generate on
a daily basis a listing of documents filed electronically with or
scanned into the system. This listing will be distributed to all
Commissioners, Bureaus, and Offices. The ECFS thus makes it unnecessary
for parties to provide courtesy copies of pleadings directly to
Commissioners, Bureaus, and Offices. Although we will not prohibit
courtesy filings, we strongly discourage the filing of excessive copies
of documents. If a party wishes to make the additional effort and
expenditure of providing one courtesy copy of a pleading directly to a
Commissioner, Bureau, or Office, they may do so. Courtesy copies,
however, may only be provided on paper. Parties must mark such copies
``Courtesy Copy'' on the title page to avoid confusion as to whether a
document is an original or copy. We will continue regularly to reassess
our internal distribution methods as we gain more experience with this
system.
18. The ECFS was designed to allow an FCC staff person to verify
comments after they have been filed electronically and before they are
made available for viewing and downloading by the public through the
Internet. This intermediate step is designed to ensure that parties
have provided essential information, such as the docket number. Paper
documents must still be scanned into the system, as with the current
RIPS system, which will take slightly longer for them to be available
electronically. In addition, determinations may need to be made as to
whether a pleading is late filed, ex parte, confidential
correspondence, or filed within the Sunshine Period. Other than these
processing steps, electronically-submitted comments can be made
available to the public immediately after filing. It seems reasonable
to commit to having comments available on-line through the FCC's World
Wide Web site for downloading the day after the filing deadline (except
materials that must be scanned into the ECFS or in extraordinary
cases), and we will endeavor to do so. Some parties ask that comments
be available from the Commission's copy contractor by 8:30 a.m.
following the filing deadline. This would seem to be an overly
stringent standard. The copy contractor will receive an electronic mail
notification list of all filings at the same time as the Bureaus and
copies will be available as soon as they are processed by the
Secretary's Office.
19. In some cases, parties must serve copies of their filings on
all other participants in a proceeding. Specifically, in rulemaking
proceedings, oppositions to petitions for reconsideration and replies
to such oppositions must be served on certain parties. Commenters
generally agreed that, even when comments were filed electronically
with the FCC, service on other parties would have to be on paper unless
those parties stated that they would accept electronic service. A party
must agree to accept electronic service
[[Page 24124]]
at their premises before service may be accomplished in that manner. We
are exploring adding a field on the ECFS to allow parties to check
whether they will accept electronic service. In the meantime, parties
should indicate their willingness to accept electronic filing in their
pleadings. We may explore other approaches in the future, but it is
important to gain experience with the practice of electronic filing
before attempting to do so. When parties agree to electronic service,
service in that manner will be considered the same as facsimile
service. We will amend the rule accordingly.
20. Final Regulatory Flexibility Act Certification. We previously
certified that the proposed rules ``[would] not, if promulgated, have a
significant economic impact on a substantial number of small
entities.'' No comments were received concerning this certification.
Our purpose in granting electronically filed comments comparable legal
treatment to comments filed on paper is to simplify and clarify the
existing rules, and to give parties additional options for filing
comments. The modifications do not impose any additional compliance
burden on persons dealing with the Commission, including small
entities. All parties will still be permitted to file comments on
paper, exactly as they do today. We anticipate that the revisions we
adopt here will make it somewhat easier for small entities as well as
others that wish to file and review comments electronically to do so.
Accordingly, we certify that the rules will not have a significant
economic impact on a substantial number of small entities. In addition,
the Office of Public Affairs, Reference Operations Division, shall send
a copy of this Report and Order, including this certification, to the
Chief Counsel for Advocacy of the Small Business Administration.
21. Accordingly, it is ordered that pursuant to sections 4(i),
4(j), and 303(r) of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), 154(j), and 303(r), Parts 0 and 1 of the Commission's
Rules are amended as set forth in the Rule Changes below.
List of Subjects
47 CFR Part 0
Organization and functions (Government agencies).
47 CFR Part 1
Administrative practice and procedure.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
Parts 0 and 1 of Title 47 of the Code of Federal Regulations are
amended as follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for part 0 continues to read as follows:
Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,
225, unless otherwise noted.
2. Section 0.231 is amended by revising paragraph (i) to read as
follows:
Sec. 0.231 Authority delegated.
* * * * *
(i) The Secretary, acting under the supervision of the Managing
Director, serves as the official custodian of the Commission's
documents and shall have authority to appoint a deputy or deputies for
the purposes of custody and certification of documents located in
Gettysburg, Pennsylvania or other established locations. The Secretary
is delegated authority to rule on requests for extensions of time based
on operational problems associated with the Commission's electronic
comment filing system. See Sec. 1.46 of this chapter.
3. Section 0.401 is amended by adding paragraph (a)(1)(iii) to read
as follows:
Sec. 0.401 Location of Commission offices.
* * * * *
(a) * * *
(1) * * *
(iii) Electronic filings, where permitted, must be transmitted as
specified by the Commission or relevant Bureau or Office.
* * * * *
PART 1--PRACTICE AND PROCEDURE
4. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.: 47 U.S.C. 151, 154(i), 154(j),
155, 225, and 303(r).
5. Section 1.4 is amended by revising paragraph (f) and the text of
paragraph (h) preceding the examples to read as follows:
Sec. 1.4 Computation of time.
* * * * *
(f) Except as provided in Sec. 0.401(b) of this chapter, all
petitions, pleadings, tariffs or other documents not required to be
accompanied by a fee and which are hand-delivered must be tendered for
filing in complete form before 5:30 p.m. in the Office of the
Secretary, either in Washington or Gettysburg, as directed by
Sec. 0.401(b) of this chapter. The Secretary will determine whether a
tendered document meets the pre-5:30 deadline. Documents filed
electronically pursuant to Sec. 1.49(f) must be received by the
Commission's electronic comment filing system before midnight.
* * * * *
(h) If a document is required to be served upon other parties by
statute or Commission regulation and the document is in fact served by
mail (see Sec. 1.47(f)), and the filing period for a response is 10
days or less, an additional 3 days (excluding holidays) will be allowed
to all parties in the proceeding for filing a response. This paragraph
(h) shall not apply to documents filed pursuant to Sec. 1.89,
Sec. 1.120(d), Sec. 1.315(b) or Sec. 1.316. For purposes of this
paragraph (h) service by facsimile or by electronic means shall be
deemed equivalent to hand delivery.
6. Section 1.46 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 1.46 Motions for extension of time.
* * * * *
(b) Motions for extension of time in which to file responses to
petitions for rulemaking, replies to such responses, comments filed in
response to notice of proposed rulemaking, replies to such comments and
other filings in rulemaking proceedings conducted under Subpart C of
this part shall be filed at least 7 days before the filing date. If a
timely motion is denied, the responses and comments, replies thereto,
or other filings need not be filed until 2 business days after the
Commission acts on the motion. In emergency situations, the Commission
will consider a late-filed motion for a brief extension of time related
to the duration of the emergency and will consider motions for
acceptance of comments, reply comments or other filings made after the
filing date.
(c) If a motion for extension of time in which to make filings in
proceedings other than notice and comment rule making proceedings is
filed less than 7 days prior to the filing day, the party filing the
motion shall (in addition to serving the motion on other parties)
orally notify other parties and Commission staff personnel responsible
for acting on the motion that the motion has been (or is being) filed.
7. Section 1.47 is amended by revising paragraph (d) to read as
follows:
Sec. 1.47 Service of documents and proof of service.
* * * * *
[[Page 24125]]
(d) Except in formal complaint proceedings against common carriers
under Secs. 1.720 through 1.736, documents may be served upon a party,
his attorney, or other duly constituted agent by delivering a copy or
by mailing a copy to the last known address. See Sec. 1.736. Documents
that are required to be served must be served in paper form, even if
documents are filed in electronic form with the Commission, unless the
party to be served agrees to accept service in some other form.
* * * * *
8. Section 1.49 is amended by revising paragraph (a) and adding new
paragraph (f) preceeding the note at the end of the section to read as
follows:
Sec. 1.49 Specifications as to pleadings and documents.
(a) All pleadings and documents filed in paper form in any
Commission proceeding shall be typewritten or prepared by mechanical
processing methods, and shall be filed on A4 (21 cm. x 29.7 cm.) or on
8\1/2\ x 11 inch (21.6 cm. x 27.9 cm.) paper with the margins set so
that the printed material does not exceed 6 1/2 x 9\1/2\ inches (16.5
cm. x 24.1 cm.). The printed material may be in any typeface of at
least 12-point (0.42333 cm. or \12/72\ '') in height. The body of the
text must be double spaced with a minimum distance of \7/32\ of an inch
(0.5556 cm.) between each line of text. Footnotes and long, indented
quotations may be single spaced, but must be in type that is 12-point
or larger in height, with at least \1/16\ of an inch (0.158 cm.)
between each line of text. Counsel are cautioned against employing
extended single spaced passages or excessive footnotes to evade
prescribed pleading lengths. If single-spaced passages or footnotes are
used in this manner the pleading will, at the discretion of the
Commission, either be rejected as unacceptable for filing or dismissed
with leave to be refiled in proper form. Pleadings may be printed on
both sides of the paper. Pleadings that use only one side of the paper
shall be stapled, or otherwise bound, in the upper left-hand corner;
those using both sides of the paper shall be stapled twice, or
otherwise bound, along the left-hand margin so that it opens like a
book. The foregoing shall not apply to printed briefs specifically
requested by the Commission, official publications, charted or maps,
original documents (or admissible copies thereof) offered as exhibits,
specially prepared exhibits, or if otherwise specifically provided. All
copies shall be clearly legible.
* * * * *
(f)(1) In the following types of proceedings, all pleadings,
including permissible ex parte submissions, notices of ex parte
presentations, comments, reply comments, and petitions for
reconsideration and replies thereto, may be filed in electronic format:
(i) General rulemaking proceedings other than broadcast allotment
proceedings;
(ii) Notice of inquiry proceedings; and
(iii) Petition for rulemaking proceedings (except broadcast
allotment proceedings).
(2) For purposes of paragraphs (b) and (c) of this section, and any
prescribed pleading lengths, the length of any document filed in
electronic form shall be equal to the length of the document if printed
out and formatted according to the specifications of paragraph (a) of
this section, or shall be no more that 250 words per page.
* * * * *
9. Section 1.51 is amended by revising paragraph (e) to read as
follows:
Sec. 1.51 Number of copies of pleadings, briefs and other papers.
* * * * *
(e) The parties to any proceeding may, on notice, be required to
file additional copies of any or all filings made in that proceeding.
10. Section 1.52 is revised to read as follows:
Sec. 1.52 Subscription and verification.
The original of all petitions, motions, pleadings, briefs, and
other documents filed by any party represented by counsel shall be
signed by at least one attorney of record in his individual name, whose
address shall be stated. A party who is not represented by an attorney
shall sign and verify the document and state his address. Either the
original document, or an electronic reproduction of such original
document containing the facsimile signature of the attorney or
unrepresented party is acceptable for filing. If a facsimile copy of a
document is filed, the signatory shall retain the original until the
Commission's decision is final and no longer subject to judicial
review. If pursuant to Sec. 1.429(h) a document is filed
electronically, a signature will be considered any symbol executed or
adopted by the party with the intent that such symbol be a signature,
including symbols formed by computer-generated electronic impulses.
Except when otherwise specifically provided by rule or statute,
documents signed by the attorney for a party need not be verified or
accompanied by affidavit. The signature or electronic reproduction
thereof by an attorney constitutes a certificate by him that he has
read the document; that to the best of his knowledge, information, and
belief there is good ground to support it; and that it is not
interposed for delay. If the original of a document is not signed or is
signed with intent to defeat the purpose of this section, or an
electronic reproduction does not contain a facsimile signature, it may
be stricken as sham and false, and the matter may proceed as though the
document had not been filed. An attorney may be subjected to
appropriate disciplinary action, pursuant to Sec. 1.24, for a willful
violation of this section or if scandalous or indecent matter is
inserted.
11. Section 1.401 is amended by revising paragraph (b) to read as
follows:
Sec. 1.401 Petitions for rulemaking.
* * * * *
(b) The petition for rulemaking shall conform to the requirements
of Secs. 1.49, 1.52 and 1.419(b) (or Sec. 1.420(e), if applicable), and
shall be submitted or addressed to the Secretary, Federal
Communications Commission, Washington, DC 20554, or (except in
broadcast allotment proceedings) may be submitted electronically.
* * * * *
12. Section 1.403 is revised to read as follows:
Sec. 1.403 Notice and availability
All petitions for rule making (other than petitions to amend the
FM, Television, and Air-Ground Tables of Assignments) meeting the
requirements of Sec. 1.401 will be given a file number and, promptly
thereafter, a ``Public Notice'' will be issued (by means of a
Commission release entitled ``Petitions for Rule Making Filed'') as to
the petition, file number, nature of the proposal, and date of filing.
Petitions for rule making are available at the Commission's Dockets
Reference Center (1919 M Street NW., Room 239, Washington, DC), and may
also be available electronically over the Internet at http://
www.fcc.gov/>.
13. Section 1.419 is amended by adding new paragraphs (d) and (e)
to read as follows:
Sec. 1.419 Form of comments and replies; number of copies.
* * * * *
(d) Participants that file comments and replies in electronic form
need only submit one copy of those comments, so long as the submission
conforms to any procedural or filing requirements established for
formal electronic comments.
(e) Comments and replies filed in electronic form by a party
represented by an attorney shall include the name,
[[Page 24126]]
street address, and telephone number of at least one attorney of
record. Parties not represented by an attorney that file comments and
replies in electronic form shall provide their name, street address,
and telephone number.
14. Section 1.429 is amended by revising paragraphs (d), (e), (f),
(g) and (h) to read as follows:
Sec. 1.429 Petitions for reconsideration.
* * * * *
(d) The petition for reconsideration and any supplement thereto
shall be filed within 30 days from the date of public notice of such
action, as that date is defined in Sec. 1.4(b). No supplement to a
petition for reconsideration filed after expiration of the 30 day
period will be considered, except upon leave granted pursuant to a
separate pleading stating the grounds for acceptance of the supplement.
The petition for reconsideration shall not exceed 25 double-spaced
typewritten pages. See also Sec. 1.49(f).
(e) Except as provided in Sec. 1.420(f), petitions for
reconsideration need not be served on parties to the proceeding.
(However, where the number of parties is relatively small, the
Commission encourages the service of petitions for reconsideration and
other pleadings, and agreements among parties to exchange copies of
pleadings. See also Sec. 1.47(d) regarding electronic service of
documents.) When a petition for reconsideration is timely filed in
proper form, public notice of its filing is published in the Federal
Register. The time for filing oppositions to the petition runs from the
date of public notice. See Sec. 1.4(b).
(f) Oppositions to a petition for reconsideration shall be filed
within 15 days after the date of public notice of the petition's filing
and need be served only on the person who filed the petition. See also
Sec. 1.49(d). Oppositions shall not exceed 25 double-spaced typewritten
pages. See Sec. 1.49(f).
(g) Replies to an opposition shall be filed within 10 days after
the time for filing oppositions has expired and need be served only on
the person who filed the opposition. Replies shall not exceed 10
double-spaced typewritten pages. See also Sec. 1.49(d) and
Sec. 1.49(f).
(h) Petitions for reconsideration, oppositions and replies shall
conform to the requirements of Secs. 1.49 and 1.52, except that they
need not be verified. Except as provided in Sec. 1.420(e), an original
and 11 copies shall be submitted to the Secretary, Federal
Communications Commission, Washington, D.C. 20554. Parties filing in
electronic form need only submit one copy.
* * * * *
15. Section 1.1206 is amended by revising paragraphs (b)(1) and
(b)(2) preceeding Note 1 to read as follows:
Sec. 1.1206 Permit-but-disclose proceedings.
* * * * *
(b) * * *
(1) Written presentations. A person who makes a written ex parte
presentation subject to this section shall, no later than the next
business day after the presentation, submit two copies of the
presentation to the Commission's secretary under separate cover for
inclusion in the public record. The presentation (and cover letter)
shall clearly identify the proceeding to which it relates, including
the docket number, if any, shall indicate that two copies have been
submitted to the Secretary, and must be labeled as an ex parte
presentation. If the presentation relates to more than one proceeding,
two copies shall be filed for each proceeding. Alternatively, in
rulemaking proceedings governed by Sec. 1.49(f), the person making the
presentation may file one copy of the presentation electronically; no
additional paper copies need to be filed.
(2) Oral presentations. A person who makes an oral ex parte
presentation subject to this section that presents data or arguments
not already reflected in that person's written comments, memoranda or
other filings in that proceeding shall, no later than the next business
day after the presentation, submit to the Commission's Secretary, an
original and one copy of a memorandum which summarizes the new data or
arguments. Except in proceedings subject to Sec. 1.49(f) in which
pleadings are filed electronically, a copy of the memorandum must also
be submitted to the Commissioners or Commission employees involved in
the oral presentation. In proceedings governed by Sec. 1.49(f), the
person making the presentation may, alternatively, electronically file
one copy of the memorandum, which will be available to Commissioners
and Commission employees involved in the presentation through the
Commission's electronic comment filing system. Memoranda must contain a
summary of the substance of the ex parte presentation and not merely a
listing of the subjects discussed. More than a one or two sentence
description of the views and arguments presented is generally required.
The memorandum (and cover letter) shall clearly identify the proceeding
to which it relates, including the docket number, if any, shall
indicate that an original and one copy have been submitted to the
Secretary or that one copy has been filed electronically, and must be
labeled as an ex parte presentation. If the presentation relates to
more than one proceeding, two copies of the memorandum (or an original
and one copy) shall be filed for each proceeding.
* * * * *
[FR Doc. 98-10310 Filed 4-30-98; 8:45 am]
BILLING CODE 6712-01-P
