[Federal Register Volume 62, Number 76 (Monday, April 21, 1997)]
[Proposed Rules]
[Pages 19247-19252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9913]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0 and 1
[GC Docket No. 97-113; FCC 97-113]
Electronic Filing of Documents in Rulemaking Proceedings
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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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 proposing to expand the use of
electronic filing in FCC proceedings. There has been positive public
response to the Commission's use thus far of new information
technologies. In this proceeding, the Commission proposes to amend its
rules to permit the filing of comments in rulemaking proceedings
(except broadcast allotment 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 prepare the FCC for the information
age.
DATES: Comments are due May 21, 1997 and reply comments are due June 5,
1997.
ADDRESSES: Federal Communications Commission, 1919 M Street, N.W.,
Washington, D.C. 20554.
FOR FURTHER INFORMATION CONTACT: Laurence H. Schecker, Office of
General Counsel, (202) 418-1720.
SUPPLEMENTARY INFORMATION:
Adopted: April 4, 1997.
Released: April 7, 1997.
I. Introduction
1. In this Notice of Proposed Rulemaking (NPRM), we propose to
allow parties to file comments 1 electronically in all FCC
informal notice and comment rulemaking proceedings conducted under
section 553 of the Administrative Procedure Act, except for broadcast
allotment proceedings. 2 These electronic filings would be given
the same treatment and consideration as comments filed on paper. We
tentatively conclude that this action will make it significantly easier
for members of the public to communicate their views to the Commission,
and to review comments that others have filed. We believe that
electronic filing will also allow the Commission to improve the
efficiency of its own processes, to the benefit of the public.
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\1\ Throughout this NPRM, we use the term ``comments'' to refer
to comments, reply comments, and other documents filed in notice and
comment rulemaking proceedings prior to the reply comment deadline.
\2\ 5 U.S.C. Sec. 553. Broadcast allotment proceedings are large
in number and are therefore not included in this pilot program. In
addition, they are restricted under the Commission's ex parte rules,
47 CFR Sec. 1.1208, which increases the chances that electronic
filings might not be properly served on the parties.
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II. Background
2. The FCC is committed to taking advantage of new information
technologies to better serve the public. For nearly two years, we have
made virtually every FCC order, notice of proposed rulemaking, public
notice, and news release available at no charge through the Internet.
We have
[[Page 19248]]
continuously improved our World Wide Web site at http://www.fcc.gov>
to make it more content-rich and easier to navigate. In addition, we
have established an electronic mailbox, fccinfo@fcc.gov>, for
submitting questions to the agency, and all the major operating Bureaus
within the FCC now have their own World Wide Web home pages. Our Web
site now receives roughly 110,000 individual ``hits'' daily, from more
than 70,000 unique users every month.
3. In 1994, we appointed a Special Counsel for Reinventing
Government to examine what steps the Commission had taken, and could
take in the future, to better serve the public. The Special Counsel
issued a detailed report entitled Creating a Federal Communications
Commission for the Information Age, which, in turn, led to the largest
reorganization in the history of the agency. 3 Since that time, we
have taken many steps to use information technology to better serve the
public. In major proceedings, we have invited commenters to file copies
of their paper comments on diskette, and we have posted the comments
received in this manner on our Internet site. We have created
electronic mailboxes to accept informal comments in proceedings of
particular interest to the Internet community, such as the Unlicensed
National Information Infrastructure (U-NII) spectrum proposal 4
and the America's Carriers Telecommunication Association (ACTA)
petition on Internet telephony. 5 In one recent proceeding,
dealing with implications of Internet services for the public switched
telephone network, 6 we received over 400,000 electronic mail
(``e-mail'') messages in less than a month. We are making extensive use
of electronic data submission and bidding in connection with our
ongoing spectrum auctions, and we are rapidly moving forward with
electronic filing mechanisms for, among other things, amateur radio
forms, commercial wireless services, and tariffs filed by
telecommunications carriers.
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\3\ Report on Creating an FCC for the Information Age, Special
Counsel to the FCC for Reinventing Government, Public Notice 51978
(February 2, 1995).
\4\ See In the Matter of Amendment of the Commission's Rules to
Provide for Operation of Unlicensed NII Devices in the 5 GHz
Frequency Range, Report and Order, ET Docket No. 96-102, FCC 97-5
(released January 9, 1997), 62 FR 4649, January 31, 1997.
\5\ See Common Carrier Bureau Clarifies and Extends Request for
Comment on ACTA Petition Relating to ``Internet Phone'' Software and
Hardware--RM No. 8775, Public Notice, DA 96-414 (March 25, 1996).
This latter proceeding was not a notice and comment rulemaking
proceeding and would not be covered by our proposal here.
\6\ Access Charge Reform, Notice of Proposed Rulemaking, Third
Report and Order, and Notice of Inquiry, FCC 96-488 (released
December 24, 1996), 62 FR 4670, January 31, 1997.
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4. The enactment of the Telecommunications Act of 1996 (1996 Act)
gave further impetus to our procedural reform effort. In order to
implement the sweeping changes mandated by the 1996 Act, the Commission
must serve the public more quickly and efficiently, and must maximize
the opportunities for public input. On the same day that the 1996 Act
was signed into law, the Commission issued a Notice of Inquiry (NOI)
that invited the public, the communications industry, the bar, and
state and local governments to make candid, comprehensive, and
constructive suggestions to improve the full range of the Commission's
routine processing procedures. 7 We sought comment on ways to
eliminate redundancies, reduce waste and increase efficiency. We also
sought comment on our current use of technology and how we can expand
our use of technology to reduce regulatory burdens. We invited
proposals for more effective methods of collecting and sharing
information with regulated entities and the public, and we asked how we
could better meet our customer service standards and goals.
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\7\ Improving Commission Processes, Notice of Inquiry, PP Docket
No. 96-17, 11 FCC Rcd 14006 (1996).
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5. We received numerous comments to our NOI. Virtually all of them
advocated the expanded use of electronic filing in FCC proceedings.
8 The Commission recognizes that electronic filing can make it
easier for industry and the public to communicate with the FCC, and
allow us to provide better service to the public. To the extent that it
allows small businesses to communicate their views more easily in FCC
proceedings, it also reduces regulatory barriers to entry, consistent
with Section 257 9 of the Communications Act, which directs the
Commission to identify and eliminate market entry barriers for small
businesses in the provision of telecommunications services.
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\8\ See, e.g., GTE comments at 18; NECA comments at 2; SBC
comments at 5; FCBA comments at 3-4.
\9\ 47 U.S.C. Sec. 257.
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6. Therefore, as the next step in our continuing effort to improve
FCC processes, we have launched a comprehensive electronic filing
initiative, one aspect of which is this rulemaking proceeding. We are
also developing an on-line World Wide Web page interface that will make
it possible for parties to submit documents to us electronically in all
rulemaking proceedings. A more far-reaching aspect of the initiative
will involve replacement of the Commission's aging, proprietary Record
Image Processing System (RIPS), which currently provides access to
comments filed with the Commission in notice and comment rulemaking
proceedings as well as a variety of filings in other kinds of docketed
proceedings (e.g., tariff investigations, formal hearings before
Administrative Law Judges, and applications by Bell Operating Companies
to provide out-of-region long-distance service). By developing a new
electronic processing system to complement, and eventually replace,
RIPS, we hope to make it possible for the public to submit all
documents now processed through RIPS to us directly through the
Internet and other electronic means. This new system will allow parties
and the public to search for and download comments and other filings in
open FCC proceedings via the Internet, rather than coming to the FCC
Reference Center or purchasing paper copies from the Commission's copy
contractor.
7. At this time, however, the Commission's rules do not provide for
the filing of formal comments in notice and comment rulemaking
proceedings in electronic form. In order to establish explicit
procedures for electronic comment filing for notice and comment
rulemaking proceedings, and in order to address important
implementation issues, we believe a rulemaking proceeding is
appropriate. 10 We therefore initiate this proceeding as an
important step not only in our electronic filing initiative, but in our
ongoing efforts to prepare the FCC for the information age.
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\10\ Even though these proposed rules involve Commission
organization, procedure, and practice normally exempt from notice
and comment requirements, see 5 U.S.C. Sec. 553(b), we believe it is
important to seek public comment on the electronic filing initiative
through an open rulemaking process.
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III. Discussion
A. Formal Status of Electronically Filed Comments
8. An estimated 40 million people in the United States now have
access to the global Internet, and that number is growing rapidly.
11 Allowing parties to use the Internet and other forms of
electronic transmission to file comments in FCC rulemaking proceedings
would make it simpler for people to submit comments to the Commission,
and
[[Page 19249]]
would allow comments to be made available for review on-line in an
efficient manner. We therefore tentatively conclude that allowing
comments to be filed in electronic format in all rulemaking proceedings
(other than broadcast allotment proceedings) 12 would serve the
public interest.
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\11\ See, e.g., Jared Sandberg, ``U.S. Households with Internet
Access Doubled to 14.7 Million in Past Year,'' Wall Street Journal,
October 21, 1996, at B11.
\12\ See footnote 2, supra, and para. 10, infra.
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9. The FCC rules include specific requirements for comments filed
in rulemaking proceedings and considered by the Commission. 13
Comments that do not meet these filing requirements are treated as
``informal'' comments. 14 Several provisions of the rules
currently require comments, replies, and other documents to be filed on
paper. We tentatively conclude that these rules should be modified so
that, to the extent possible, electronically filed comments receive the
same treatment and consideration as comments filed on paper. Specific
proposed rule changes are set forth below. We seek comment on this
conclusion, and on any other rule changes that would be necessary to
facilitate electronic filing of comments in rulemaking proceedings. We
also ask for comment on whether we should apply these electronic filing
procedures to comments or pleadings filed in connection with steps that
are preliminary to notice and comment rulemaking--e.g., petitions for
rulemaking (other than in broadcast allotment proceedings), notice of
inquiry proceedings--as well as petitions for reconsideration and
responsive comments or pleadings filed in notice and comment
rulemakings other than broadcast allotment proceedings. 15
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\13\ See, e.g., 47 CFR Secs. 1.49, 1.419.
\14\ 47 CFR Sec. 1.419(b).
\15\ If the Commission decides to do so, other rules may need to
be modified, including Rule 1.52, 47 CFR Sec. 1.52. See also para.
20, infra.
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10. At this time, we limit our proposal to comments, reply
comments, and other documents filed in rulemaking proceedings, other
than rulemaking proceedings involving amendments of the FM or
television Tables of Allotments. We need more experience with this new
system before we expand the scope of the electronic filing option.
Moreover, other types of proceedings may present different and more
difficult implementation issues. Commenters are free to make
suggestions about future implementation in other areas as the
Commission considers the broader electronic filing initiative discussed
in paragraph 6, above.
B. Implementation Issues
11. We believe that formal electronic filing in rulemaking
proceedings can be implemented in a reasonable manner that will benefit
both the Commission and the public. It is important, however, to
address administrative and implementation issues that may arise as we
seek to allow formal comments to be filed electronically. In addition,
electronic filing will require internal procedures to ensure that
comments can be processed and made available for review in a timely
manner. Some of these issues are most appropriately addressed in the
context of this rulemaking proceeding, while others are best resolved
through guidelines that we will establish in subsequent public notices
or in notices of proposed rulemaking in specific proceedings. In both
cases, however, public input will be beneficial, and thus we seek
comment on several topics that we believe should be addressed.
12. We seek comment on the means by which electronic comments in
rulemaking proceedings should be submitted to the Commission. For
example, we currently require parties to file multiple copies of formal
comments with the Secretary, and usually ask that separate copies be
submitted to our copy contractor, to facilitate distribution of copies
within the Commission. We tentatively conclude that, if comments are
filed electronically, parties would need only to submit one electronic
``copy,'' which could automatically be distributed by the FCC to the
appropriate Bureaus and Offices, as well as the copy contractor, in
electronic form. We seek comment on this approach.
13. In the past, we have accepted informal comments and copies of
paper comments via e-mail and diskette. In the interim period before
our new electronic comment processing system is operational and we have
completed this rulemaking proceeding, we intend to continue and expand
the use of diskette and e-mail filing, in order to provide some level
of electronic filing availability to the public as soon as possible.
Both of these methods, however, require additional processing on the
part of FCC staff. Diskettes must be individually loaded onto FCC
computers and scanned for computer viruses, files must be manually
transferred from each diskette, and FCC staff must extract the
necessary filing data such as docket number from the files. Electronic
mail also requires additional effort to extract and verify filing data,
and to screen e-mail filings for transfer into a central database.
14. In order to reduce these administrative burdens, we therefore
tentatively conclude that the primary mechanism for electronic filing
of formal comments in rulemaking proceedings should be a World Wide Web
page form, 16 through which parties may upload their comments
directly into a database or input brief comments directly. This
mechanism would allow filing data to be submitted and verified
automatically. 17 Parties will continue to be able to obtain paper
copies of comments from the Commission or its copy contractor as they
currently do, or they can print their own hard copies of the comments
directly from the Internet posting. Moreover, a Web page interface will
allow parties to use the same system to search for and download
comments filed in a proceeding as they do to file their own comments.
Such a system will also allow the Commission to provide additional
documentation on filing requirements for those parties that require it,
through additional Web pages linked to the comment filing form. We seek
comment on this proposal. Parties are invited to comment on the
feasibility and desirability of other media, such as CD-ROMs and dial-
up bulletin board systems, for submitting electronic filings.
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\16\ The FCC Electronic Comment page form is an interactive
Internet page designed to accept data in a specified format for
transfer to a database.
\17\ An automated script would verify that all necessary fields
are filled out, and could send a reply message to the party if any
information is missing. FCC staff, however, still would likely be
required to verify that information provided is accurate, especially
with respect to fields such as the docket number of the proceeding.
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15. The security and integrity of comments filed electronically is
a significant concern. Our electronic comment processing system will
utilize a secure database that can only be modified by authorized FCC
staff. Commenters that are particularly concerned about security of
their filings, or that lack access to electronic filing capabilities,
may always file their comments on paper.
16. We seek comment on whether any special measures are necessary
to authenticate or secure electronic comments in rulemaking
proceedings. Electronic comments can be forged, but the risk appears to
be no greater than with paper comments. If, as our proposed rules
reflect, 18 we were to permit electronic filing without any
special security measures, other than requiring basic identifying
information (such as name, street address, telephone number, and e-mail
address) as a point of contact, it would be up to the
[[Page 19250]]
commenters, as it is today for paper filings, to identify fraudulent
filings. We invite parties to comment on our proposed rule and on
whether the benefits of any special authentication or security
measures--such as encryption, digital signatures, or account numbers
for each commenter--would outweigh the additional administrative
difficulties and other concerns about such a requirement.
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\18\ We have proposed revisions to Section 1.419 to adapt that
rule to electronic filings.
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17. We also seek comment on whether any special procedures should
be developed to mitigate frivolous or abusive filings. The Commission
has authority to reject such filings.19 Although we recognize the
ease of electronic filing may increase the likelihood that some
individuals or groups will make frivolous, abusive, or repetitive
filings in this manner, we tentatively conclude that no special
procedures should be created to address this concern. We seek comment
on whether any rules or procedures are necessary to respond to concerns
about frivolous or abusive filings, and we invite parties to suggest
measures that would decrease the likelihood of such filings without
overly burdening commenters.
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\19\ See, e.g., Commission Taking Tough Measures Against
Frivolous Pleadings, Public Notice, FCC 96-42, 11 FCC Rcd. 3030
(1996).
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18. We tentatively conclude that the filing date and time for
comments submitted by electronic mail shall be the date the document is
received by the FCC. Although comments filed via the Internet may take
time in transit to the FCC due to network congestion or large attached
files, we believe that this transmission period will usually be quite
short, and that these rules are the only enforceable means for
determining when comments are filed. Moreover, basing the filing date
on the time of receipt by the FCC tracks our existing rules for paper
filings.20 We plan to implement a confirmation mechanism so that
parties filing electronically will receive an automatic acknowledgement
specifying the official receipt date and time of their filings. We seek
comment on these tentative conclusions, and we invite parties to
suggest alternative or additional measures to ensure timely receipt and
notification of comment filings.
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\20\ 47 CFR Sec. 1.7.
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19. We tentatively conclude that electronic comments will be
subject to the same treatment as paper comments, in that comments that
are received before the applicable deadline that 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.
Consistent with our existing rules, we tentatively conclude that
electronic comments may be received as informal or ex parte filings in
a non-restricted rulemaking proceeding, until that proceeding is
terminated (or the docket is closed) and no longer subject to a
petition for reconsideration or clarification, except during the
Sunshine Period.21 We seek comment on these proposals.
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\21\ See 47 CFR Secs. 1.1202(f), 1.1203. As now, if ex parte
filings in a non-restricted proceeding are received during the
Sunshine Period, they will be processed in accordance with the ex
parte rules. See, e.g., 47 CFR Sec. 1.1212.
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20. Finally, if we were to extend the rules to petitions for
reconsideration, we tentatively conclude that, where service of
documents is required on specific parties (e.g., oppositions to
petitions for reconsideration under 47 CFR Sec. 1.429(f)), such service
must be made with paper documents, unless the party to be served agrees
to accept electronic service of these materials. In such a situation,
parties may file electronically with the FCC, but we cannot control the
means by which other parties choose to accept information. We seek
comment on this tentative conclusion, and we seek comment on possible
means of facilitating electronic service.
21. This rulemaking proceeding will address the necessary changes
in our rules to make possible formal electronic filings in rulemaking
proceedings other than broadcast allotment proceedings. We intend to
develop more specific procedural guidelines for filings in subsequent
public notices or solicitation of public comment in specific dockets.
We anticipate that these guidelines will address issues such as: the
specific procedures for filing comments electronically; formatting of
electronically filed documents; and alternate methods of obtaining
copies of documents filed electronically. We will endeavor to make this
information as easily available as possible.
22. We request public input on the specific procedures by which we
accept comments electronically. Therefore, we invite parties to comment
on any other procedural or administrative issues with respect to
electronic filing of comments. For example, how should we specify page
limits or file size limits for electronic filings? What file formats
should we accept? Should we establish any requirements for formatting
of electronic documents, such as paragraph numbering? What would be the
standard system for citations to electronically filed comments, since
page breaks in a file may differ when viewed or printed on different
computer systems? How should service requirements for the Bureau or
Office handling a proceeding, and FCC Commissioners, be handled?
IV. Conclusion
23. We believe that allowing parties to file comments
electronically in all FCC notice and comment rulemaking proceedings
other than broadcast allotments, and giving those comments the same
treatment and consideration as paper comments, will serve the public
interest. We encourage parties to comment on the questions we raise in
this Notice, so that our electronic filing initiative may be
implemented in the most effective manner.
V. Procedural Issues
A. Ex Parte Presentations
24. This is a non-restricted notice-and-comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Period, provided that they are disclosed as provided in the
Commission's rules. See generally 47 CFR Secs. 1.1202, 1.1203 and
1.1206.
B. Initial Regulatory Flexibility Analysis
25. Section 603 of the Regulatory Flexibility Act, as amended,
requires an initial regulatory flexibility analysis in notice and
comment rulemaking proceedings, unless we certify that ``the rule will
not, if promulgated, have a significant economic impact on a
significant number of small entities.'' 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 propose will make it easier for small
entities as well as others that wish to file and review comments
electronically to do so. Accordingly, we certify, pursuant to Section
605(b) of the Regulatory Flexibility Act, as amended by the Contract
with America Advancement Act of 1996 (CWAAA), Public Law 104-121, 110
Stat. 847 (1996), that the rules will not have a significant economic
impact on a substantial number of small entities. 5 U.S.C. Sec. 605(b).
The Secretary shall send a copy of this Report and Order, including
this certification, to the Chief Counsel for Advocacy of the Small
[[Page 19251]]
Business Administration. 5 U.S.C. Sec. 605(b). A copy of this
certification will also be published in the Federal Register. Id.
C. Initial Paperwork Reduction Act of 1995 Analysis
26. The requirements proposed herein have been analyzed with
respect to the Paperwork Reduction Act of 1995, Public Law 104-13, and
found to impose no new or modified information collection requirement
on the public. The filing of comments in FCC proceedings is voluntary,
and the modifications proposed in this NPRM do not create any new
obligations for parties that wish to file comments. Parties may
continue to file comments on paper, under exactly the same procedures
as applied prior to this NPRM.
D. Comment Filing Procedures
27. Pursuant to applicable procedures set forth in sections 1.415
and 1.419 of the Commission's rules, 47 CFR Secs. 1.415, 1.419,
interested parties may file comments on or before 30 days after
publication in the Federal Register and reply comments on or before 45
days after publication in the Federal Register. For purposes of this
proceeding, we hereby waive those provisions of our rules that require
formal comments to be filed on paper, and encourage parties to file
comments electronically. Electronically filed comments that conform to
the guidelines of this section will be considered part of the record in
this proceeding and accorded the same treatment as comments filed on
paper pursuant to our rules.
28. To file electronic comments in this proceeding, you must use
the electronic filing interface available on the FCC's World Wide Web
site at http://www.fcc.gov/comments/commurls.html>. Further
information on the process of submitting comments electronically is
available at that location. Parties that file comments electronically
should also send a copy of any documents filed with the Commission in
this docket to the Commission's copy contractor, International
Transcription Services, Inc. (ITS), by e-mail to
its__inc@ix.netcom.com>. Information about ITS is available on the
World Wide Web at http://www.itsi.com>.
29. To file paper comments in this proceeding, you must file an
original and four copies of all comments, reply comments, and
supporting comments. If you would like each Commissioner to receive a
personal copy of your paper filings, you must file an original and nine
copies. Paper comments and reply comments should be sent to Office of
the Secretary, Federal Communications Commission, 1919 M Street, N.W.,
Room 222, Washington, D.C. 20554. Parties that file paper comments
should also submit one copy of any documents filed in this docket with
ITS, 2100 M Street, N.W., Suite 140, Washington, D.C. 20037.
30. Comments and reply comments will be available for public
inspection during regular business hours in the FCC Reference Center,
1919 M Street, N.W., Room 239, Washington, D.C. 20554. Comments filed
electronically through the Internet will also be made available on the
FCC's World Wide Web site at http://www.fcc.gov>.
E. Contact Person
31. For further information concerning this proceeding contact
Laurence H. Schecker, Office of General Counsel, at (202) 418-1720.
VI. Ordering Clause
32. Accordingly, it is ordered that pursuant to Sections 4(i) and
4(j) of the Communications Act of 1934, as amended, 47 U.S.C. 154 (i),
(j), a notice of proposed rulemaking is hereby adopted.
List of Subjects
47 CFR Part 0
Organization and functions (Government agencies).
47 CFR Part 1
Administrative practice and procedure.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Parts 0 and 1 of Title 47 of the Code of Federal Regulations are
proposed to be 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 0.401 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
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154, 207, 303 and 309(j) unless
otherwise noted.
2. 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 rulemaking 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.
3. Section 1.47 is amended by revising paragraph (d) to read as
follows:
Sec. 1.47 Service of documents and proof of service.
* * * * *
(d) Documents may be served upon a party, its attorney, or other
duly constituted agent by delivering a copy or by mailing a copy to the
last known address. When a party is represented by an attorney of
record in a formal proceeding, service shall be made upon such
attorney. 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.
* * * * *
[[Page 19252]]
4. Section 1.49 is amended by revising paragraph (a) and adding new
paragraph (f) 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, documents filed in electronic form,
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) Comments, reply comments, and other documents filed before the
close of the reply comment period, may be filed in electronic form in
any rulemaking proceeding other than broadcast allotment proceedings.
The Commission may adopt specific requirements for formatting and
filing of documents submitted in electronic form. For purposes of
paragraphs (b) and (c) of this section, and any prescribed pleading
lengths, the length of any comment or reply comment filed in electronic
form in a rulemaking proceeding shall be equal to the length of the
document if printed out and formatted according to the specifications
of paragraph (a) of this section.
* * * * *
5. 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, 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.
[FR Doc. 97-9913 Filed 4-18-97; 8:45 am]
BILLING CODE 6712-01-P
