[Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21163]
[[Page Unknown]]
[Federal Register: August 29, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[FCC 94-210]
Filing of Documents
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission has adopted a new rule that explicitly provides
that all documents are considered filed with the Commission upon
receipt at the location designated by the Commission. Some Commission
rules explicitly state when a document is deemed to be filed with the
Commission, other rules do not. The Commission, however, has had a
consistent practice of considering documents filed with the Commission
when the document is received at the location designated by the
Commission. This rule provides guidance to the public and avoids any
potential uncertainty.
EFFECTIVE DATE: August 29, 1994.
FOR FURTHER INFORMATION CONTACT:
Paula Ford, Office of General Counsel at (202) 418-1738.
SUPPLEMENTARY INFORMATION:
Order
In the matter of: Amendment of the Commission's Rules of
Practice and Procedure.
Adopted: August 9, 1994; Released:
By the Commission:
1. In this order, the Commission adopts a new rule explicitly
providing that all documents are considered filed with the Commission
upon receipt.
2. There are a number of Commission rules establishing deadlines
for parties to take action, e.g., to file applications for review or
petitions for reconsideration. Though some rules explicitly state when
a document is deemed to be filed with the Commission, other rules do
not. The Commission has had a consistent practice of considering
documents filed with the Commission when the document is received at
the location designated by the Commission.\1\ However, there is no
single rule that provides general guidance that a document is
considered filed when it is received by the Commission. We believe
adoption of such a general rule will avoid any potential uncertainty.
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\1\For example, in the fee context, the Commission has
previously noted: ``For purposes of determining receipt dates and
conformance with filing deadlines, the submission will not be
considered received by the Commission until received at the
designated location.'' Establishment of a Fee Collection Program to
Implement the Provisions of the Consolidated Omnibus Budget
Reconciliation Act of 1985, 52 FR 10226, March 31, 1987, 2 FCC Rcd
1882 (1987). See also 47 CFR 0.401(b)(2); Public Notice, FCC
Overrules Caldwell Television Associates Ltd., 53 RR 2d 1686 (1983).
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3. Because the rule amendment adopted here is a matter of agency
practice and procedure, compliance with the notice and comment and
effective date provisions of the Administrative Procedure Act is not
required.\2\
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\2\5 U.S.C. 553(b)(A) & (d).
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4. Accordingly, It is ordered that Part 1 of the Commission's Rules
Is Amended in the manner set forth below and will be effective upon
publication in the Federal Register.
5. Authority for this action is contained in 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).
List of Subjects in 47 CFR Part 1
Administrative practice and procedure.
Federal Communications Commission.
LaVera F. Marshall,
Acting Secretary.
Rule Change
Part 1 of Chapter I of Title 47 of the Code of Federal Regulations
is amended as follows:
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for Part 1 continues to read:
Authority: 47 U.S.C. 154, 303, 503(b)(5); 5 U.S.C. 552; 21
U.S.C. 853a, unless otherwise noted.
2. Section 1.7 is added to read as follows:
Sec. 1.7 Documents are filed upon receipt.
Unless otherwise provided in this Title, pleadings and other
documents are considered to be filed with the Commission upon their
receipt at the location designated by the Commission.
[FR Doc. 94-21163 Filed 8-26-94; 8:45 am]
BILLING CODE 6712-01-M
