[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Rules and Regulations]
[Pages 24383-24393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10356]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 1

[GC Docket No. 10-44; FCC 11-16]


Commission's Rules of Practice, Procedure, and Organization

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission revises certain procedural 
and organizational rules. The rule revisions fall into three general 
categories. First, the Commission adopts several docket management 
measures, such as broadening the use of docketed proceedings; expanding 
the requirement for electronic filing (and reducing the scope of the 
obligation to file paper copies); and permitting staff in certain 
circumstances to notify parties electronically of docket filings and to 
close inactive dockets. Second, the Commission revises rules regarding 
the reconsideration of agency decisions, delegating authority to the 
staff to dismiss or deny defective or repetitive petitions for 
reconsideration of Commission decisions, and amending the rule that 
authorizes the Commission to reconsider a decision on its own motion 
within 30 days to make clear that the Commission may modify a decision 
(not merely set it aside or vacate it). Finally, the Commission 
implements changes to miscellaneous regulations. In order to make its

[[Page 24384]]

processes more uniform and understandable, the Commission sets a 
default effective date for FCC rules in the event the Commission does 
not specify an effective date in a rulemaking order and revises its 
computation of time rule to adopt the ``next business day'' approach 
when a Commission rule or order specifies that Commission action shall 
occur on a day when the agency is not open for business. To eliminate 
confusion, these rule amendments clarify when the Commission's 
Headquarters and other offices will be considered to be open for 
business; and corrects typographical errors in two debt collection 
rules. The Commission also makes a number of minor rules changes 
regarding requests under the Freedom of Information Act (FOIA) in order 
to correct errors or omissions that have been noted following the 
agency's last amendment of these rules in 2008. Overall, these 
revisions are intended to increase the efficiency of Commission 
decision-making, modernize Commission procedures for the digital age, 
and enhance the openness and transparency of Commission proceedings for 
practitioners and the public.

DATES: Effective June 1, 2011.

FOR FURTHER INFORMATION CONTACT: Joel Kaufman, Chief, Administrative 
Law Division, Office of General Counsel, 202-418-1758 or 
joel.kaufman@fcc.gov.

SUPPLEMENTARY INFORMATION: In this Report and Order, the Commission 
amends certain part 1 procedural rules and part 0 organizational rules, 
47 CFR 1 and 0.
    On February 22, 2010, the Commission released a notice of proposed 
rulemaking seeking comment on a number of proposed changes to the 
Commission's part 1 procedural rules and part 0 organizational rules. 
See Amendment of Certain of the Commission's Part 1 Rules of Practice 
and Procedure and Part 0 Rules of Commission Organization, 25 FCC Rcd 
2430 (2010) (Notice). By this Report and Order, we adopt final rules 
effecting a number of proposals described in the Notice. The following 
paragraphs describe these rules changes.

Docket Management

    In the Notice, the Commission proposed a number of steps to bring 
agency practice and procedure into the digital age and to improve the 
efficiency of Commission decision-making. Among these were increased 
use of docketed proceedings, electronic filing of pleadings with the 
Commission, and electronic notifications to the parties to a 
proceeding. Below is a summary of the actions taken on these docket 
management proposals.

1. Expanded Use of Docketed Proceedings

    When we commenced this proceeding, we observed that many Commission 
proceedings are not docketed. See 25 FCC Rcd at 2433. In such 
circumstances, the individual bureau or office handling the matter may 
assign the proceeding a unique file number or other identifier instead 
of a formal docket number, or may not assign a numerical identifier at 
all. Often, the record in non-docketed proceedings is in paper format 
only, thus precluding electronic searches and rendering it difficult 
for interested persons to follow and participate in these proceedings. 
Given these limitations, we indicated our interest in expanding the use 
of docketed proceedings to foster greater openness, transparency, and 
public participation in our work. Specifically, we stated that we would 
seek to use the formal docketing process more often in Commission 
proceedings when technically feasible.
    In the Report and Order, we adopt the proposal generally to expand 
the docketing process. Specifically, we direct Commission bureaus or 
offices (with the exception of the Enforcement Bureau, to the extent 
discussed below) to assign a docket number to proceedings within its 
jurisdiction in all but exceptional circumstances. For example, we 
anticipate prompt migration of the following illustrative categories of 
proceedings to numbered docketing: Newly filed formal complaints 
concerning common carriers under section 208 (see 47 U.S.C. 208; 47 CFR 
1.720 et seq.) and newly filed pole attachment complaints under section 
224 (see 47 U.S.C. 224; 47 CFR 1.1401 et seq.); customer proprietary 
network information (CPNI) proceedings (see 47 U.S.C. 222; 47 CFR 
64.2001 et seq.); Cable Special Relief petitions (see 47 CFR 76.7 et 
seq.); proceedings involving Over-the-Air Reception Devices (see 47 CFR 
1.4000 et seq.); and common carrier certifications (see 47 CFR 
54.314.). We delegate authority to the Consumer and Governmental 
Affairs Bureau, in consultation with the relevant bureaus and offices, 
to issue a Public Notice (or Notices) announcing effective date(s) for 
numbered docketing of these and other particular categories of 
proceedings. During this transition to a comprehensive docketing 
regime, we will permit bureaus and offices not to assign a formal 
docket number to certain proceedings if, in the considered judgment of 
staff, docketing would raise special technical difficulties (for 
instance, because the docketing process is not easily extended to 
existing systems such as the Universal Licensing System) or would 
impose undue burdens upon the Commission and its staff; would be of 
limited utility; would not materially enhance public accessibility 
because, for instance, the filings in a proceeding could be accessed 
electronically in any event; or otherwise would not be in the public 
interest.
    With respect to the Enforcement Bureau, we determine that both the 
Bureau and the parties under investigation have legitimate interests in 
keeping the investigative phase of a proceeding non-public. To the 
extent that formal docketing would impede these interests, we do not 
think the internal management benefits of assigning a docket number 
would outweigh the costs. For these reasons, we do not require the 
Enforcement Bureau to assign a docket number to investigative 
proceedings prior to the issuance of a notice of apparent liability.
    If such a notice has been issued, however, we believe that the 
public interest in being able to access information about the 
proceeding is greater and outweighs the (diminished) interests that 
support protecting the investigation from public view. Thus, we 
determine that a docket number should be assigned to an enforcement 
proceeding in which the Enforcement Bureau has issued a notice of 
apparent liability, even if the notice has not been publicly released. 
Mindful that docketing should not frustrate the agency's and parties' 
interests in conducting a thorough, fair investigation, we note that 
parties may seek confidential treatment of submissions made in response 
to a notice of apparent liability to the extent that such treatment is 
consistent with section 0.459 of our rules, 47 CFR 0.459. We also 
observe that enforcement proceedings are restricted for purposes of our 
ex parte rules after the issuance of a notice of apparent liability, 
and that non-parties must abide by the requirements applicable to such 
proceedings. See generally 47 CFR 1.1208 (rules applicable to 
restricted proceedings), 1.1212 (procedures for handling prohibited ex 
parte presentations).
    Finally, in response to one commenter's suggestion in this context 
for improving our rules on declaratory rulings, we determine that 
petitions for declaratory ruling should be handled in a similar manner 
to petitions for rulemaking under section 1.106, rather than in 
accordance with section 1.45(b).

[[Page 24385]]

Thus, each petition should be docketed (either within an existing 
active docket, if the issues raised within the petition are 
substantially related to that docket, or within a new docket if the 
issues raised do not substantially relate to a current proceeding); the 
particular bureau or office to which the petition has been submitted 
should seek comment on the petition via public notice; the default 
filing deadline for responsive pleadings to a docketed petition will be 
30 days from the release date of the public notice, unless the bureau 
or office specifies otherwise; and the default filing deadline for any 
replies will be 15 days thereafter, unless the bureau or office 
specifies otherwise. We amend the existing rule involving declaratory 
rulings, section 1.2, to reflect these requirements. See 47 CFR 1.2.

2. Greater Use of Electronic Filing

    In the Notice, we sought comment on whether and to what extent we 
ought to augment even further the use of electronic filing of pleadings 
through the Electronic Comment Filing System (ECFS) in Commission 
proceedings. See 25 FCC Rcd at 2434. In the Report and Order, we find 
it in the public interest to require the use of electronic filing 
whenever technically feasible, and amend section 1.49 accordingly. See 
47 CFR 1.49. To begin the implementation of this policy, and in 
conjunction with our decision to expand the use of numbered docketing, 
we require migration of the following categories of proceedings to a 
fully electronic filing format via ECFS: Newly filed formal complaints 
concerning common carriers under section 208 (see 47 U.S.C. 208; 47 CFR 
1.720 et seq.) and newly filed pole attachment complaints under section 
224 (see 47 U.S.C. 224; 47 CFR 1.1401 et seq.); customer proprietary 
network information (CPNI) proceedings (see 47 U.S.C. 222; 47 CFR 
64.2001 et seq.); Cable Special Relief petitions (see 47 CFR 76.7 et 
seq.); proceedings involving Over-the-Air Reception Devices (see 47 CFR 
1.4000 et seq.); and common carrier certifications (see 47 CFR 
54.314.). We anticipate that in future orders we will extend the 
electronic filing requirement to other categories of proceedings 
(changes which would not require the use of notice and comment 
procedures, see 5 U.S.C. 553(b)(A)). During the transition to a 
comprehensive electronic filing regime, we permit bureaus and offices 
to permit paper filing in specific proceedings within the categories 
listed above, after notice to the public, if such a requirement would 
raise special technical difficulties or impose undue burdens upon the 
Commission and its staff; would not materially enhance public 
accessibility because, for instance, the filings in a proceeding could 
be accessed electronically in any event; or otherwise would not be in 
the public interest.
    In the Notice, we also sought comment on the implications of an 
electronic filing requirement for parties wishing to submit materials 
under a request for confidentiality. See 25 FCC Rcd at 2435. In the 
Report and Order, we determine both that confidential filings ought to 
continue to be made in paper format and that in proceedings subject to 
electronic filing, parties seeking confidential treatment of a portion 
of a filing must submit in electronic format either a redacted version 
of the document (with filers bearing sole responsibility for ensuring 
that the redacted material is not viewable or accessible) or an 
affidavit that it is impossible to submit a redacted document 
consistent with section 0.459 of the Commission's rules. See 47 CFR 
0.459. In extreme cases, where a party demonstrates that even the fact 
of the filing must remain confidential and that section 0.459 permits 
this, the affidavit may be filed in paper format under seal. This 
approach will ensure an appropriate balance between the twin goals of 
openness and transparency, on one hand, and protection of legitimate 
claims of confidentiality on the other.
    An additional issue we raised in the Notice concerned the 
Commission's use of electronic filing mechanisms other than ECFS. See 
25 FCC Rcd at 2435. Because the Commission currently is considering 
reforms to some of these other systems and envisions establishing a 
single portal for all Commission licensing systems, we reserve judgment 
in the Report and Order as to how to resolve issues involving the 
interplay between ECFS and other systems (such as, for example, whether 
filers using those systems also should be permitted to file or 
precluded from filing in ECFS). These issues will be addressed as new 
systems are developed and brought online.
    We also sought comment on whether electronic filings through ECFS 
or our other electronic filing systems should be ``machine readable.'' 
See 25 FCC Rcd at 2435-36. Specifically, we asked whether to require 
the submission of text filings in a searchable format (e.g., the 
Microsoft Word ``.doc'' format or the non-copy protected, text-
searchable Adobe ``.pdf'' format), and whether to require that 
submissions containing non-text information, particularly spreadsheets 
of data, be submitted in the format in which they were created, such as 
Microsoft Excel, Microsoft Word, or Microsoft PowerPoint (``native 
format''). In the Report and Order, we determine that electronic 
filings with the Commission should be machine readable whenever 
technically possible. In particular, filings containing text should be 
submitted in a format conducive to electronic search and/or copying, 
such as a Microsoft Word document or an Adobe .pdf copy. Similarly, 
filings containing non-text information should be submitted in native 
format such that, for example, third parties can sort the spreadsheet 
data within a filing using Microsoft Excel or similar programs. In 
cases of attachments exceeding 500 pages, information to be submitted 
in a format that does not permit electronic filing, and other 
exceptional circumstances, we will consider a waiver of the electronic 
filing requirement on a case-by-case basis. Filings submitted to ECFS 
in .pdf or similar format should not be locked or password-protected. 
Failure to abide by this requirement may result in rejection by the 
filing system, and parties will have to resubmit by the filing deadline 
a machine-readable file that meets this requirement. We direct the 
Consumer and Governmental Affairs Bureau (CGB), in consultation with 
other bureaus and offices as necessary, to further develop requirements 
embodying these principles and to publish by public notice any 
additional technical rules or standards that may be necessary to 
implement our decision.
    Finally, consistent with our goal of minimizing paper submissions 
to the Commission, we amend sections 1.51 and 1.419 of our rules to 
provide that parties are required to file with the Commission only one 
original and one copy of each submission made in paper format, unless 
another Commission rule specifically provides otherwise. In addition to 
easing the practical burdens of participation on parties and members of 
the general public (for example, in some circumstances, our rules 
currently require the submission of an original and 14 copies of a 
filing, see 47 CFR 1.51(a)(2)), this reform will lessen the storage 
demands on Commission staff and promote more environmentally 
sustainable agency practice.

3. Electronic Notification in Certain Proceedings

    Section 1.47 of the Commission's rules requires agency service of 
copies of orders, pleadings, and other documents on parties to a 
proceeding when required by statute or regulation. See 47 CFR 1.47. 
Typically, such service is made by mail. As we observed in the Notice, 
this process can be cumbersome and time-consuming, particularly when

[[Page 24386]]

many parties participate in a particular proceeding or when every 
document in a long-running docket must be served on every party over 
the life of the proceeding. See 25 FCC Rcd at 2436. In order to 
streamline Commission processes and improve efficiency, we amend 
section 1.47 of the Commission's rules, and make conforming changes to 
section 0.445, to allow the agency to serve parties to a proceeding in 
an electronic format (e.g., e-mail or an Internet-based notification 
system such as an RSS feed) following any change in the docket, to the 
extent the Commission is required to serve such parties. In a 
proceeding involving a large number of parties, we determine that the 
Commission's service obligation will be satisfied by issuing a public 
notice that identifies the documents required to be served and that 
explains how parties can obtain copies of the documents. We allow staff 
to decide the appropriate format for electronic notification in a 
particular proceeding, consistent with any applicable statutory 
requirements, but expect that service by public notice will be used 
only in proceedings with 20 or more parties.

4. Termination of Dormant Proceedings

    Mindful of the more than three thousand open dockets at the 
Commission, we proposed in the Notice to adopt rules permitting the 
termination of dormant proceedings. See 25 FCC Rcd at 2436. In the 
Report and Order, we amend section 0.141 of our organizational rules to 
delegate authority to the Chief of the CGB to review all open dockets 
periodically. When the CGB Chief identifies an open docket that appears 
to be a candidate for termination, the CGB Chief will consult with the 
Commission bureau or office with responsibility for that docket and, 
with the concurrence of the relevant bureau or office, will take the 
appropriate action to close the docket. In order to afford interested 
persons an opportunity to comment before any particular proceeding is 
terminated, we require the issuance of a public notice and a reasonable 
opportunity for public input prior to termination of a proceeding. The 
termination of a dormant proceeding also will be considered to include 
dismissal as moot of any pending petition, motion, or other request for 
relief in that proceeding that is procedural in nature or otherwise 
does not address the merits of the proceeding. A party aggrieved by a 
termination under this delegation of authority may file a petition for 
reconsideration with the Consumer and Governmental Affairs Bureau or an 
application for review with the full Commission. See 47 U.S.C. 
155(c)(4); 47 CFR 1.115(a); 47 CFR 1.106.
    Proceedings that are candidates for termination might include 
dockets in which no further action is required or contemplated and 
dockets in which no pleadings or other documents have been filed for 
several years. On the other hand, proceedings in which petitions 
addressing the merits are pending--for example, proceedings containing 
timely filed petitions for reconsideration that have not been 
addressed--should not be terminated under the authority delegated here 
unless the parties consent. We leave to the discretion of the CGB Chief 
the practical determinations involved in deciding which proceedings to 
terminate (e.g., identifying a minimum period of dormancy that might 
indicate a particular docket should be considered for termination). We 
also note that the record in a terminated docket remains part of the 
Commission's official records, and that the various pleadings, orders, 
and other documents in that docket will continue to be accessible to 
the public post-termination.

Reconsideration of Agency Decisions

    In the Notice, we discussed our current rules regarding 
reconsideration of Commission orders, noting that updating these rules 
could promote more efficient and accessible decision-making and give 
the Commission beneficial procedural flexibility in performing its 
functions. See 25 FCC Rcd at 2431-33. In the Report and Order, we 
address the two categories of rules on reconsideration that we 
identified in the Notice: petitions for reconsideration in rulemaking 
and adjudicatory proceedings, and reconsideration on the Commission's 
own motion.

1. Petitions for Reconsideration

    Two procedural rules govern petitions for reconsideration of 
Commission orders. Section 1.429 applies to petitions for 
reconsideration of final orders issued in notice and comment rulemaking 
proceedings, while section 1.106 is a ``catch-all'' provision for 
petitions for reconsideration in agency adjudications. See 47 CFR 
1.429., 1.106. As an initial matter, because the captions of the two 
rules are generic and do not explicitly reflect the dichotomy between 
rulemaking and adjudication, we revise the captions for sections 1.106 
and 1.429 to ``Petitions for reconsideration in non-rulemaking 
proceedings'' and ``Petitions for reconsideration of final orders in 
rulemaking proceedings,'' respectively. This proposal is a non-
substantive clarification that should aid practitioners and the public 
in distinguishing between the rules for reconsideration in each 
context.
    We also amend these rules to allow the agency to resolve more 
efficiently and expeditiously petitions for reconsideration filed with 
the Commission that are procedurally defective or merely repeat 
arguments the Commission previously has rejected, and that do not 
require the attention of the full Commission. Specifically, we amend 
sections 1.429 and 1.106 to authorize bureaus or offices to dismiss or 
deny petitions such as these on delegated authority. For a similarly 
procedurally defective or repetitive petition directed to a bureau or 
office (rather than the full Commission) seeking reconsideration of a 
staff-level decision, we delegate authority to the relevant bureau or 
office to dismiss or deny the petition.
    For the guidance of staff and the public, the Report and Order 
includes the following illustrative list of circumstances in which 
staff may dismiss or deny a reconsideration petition on the basis that 
it plainly does not warrant consideration by the full Commission: (1) A 
petitioner omits information required by the Commission's rules to be 
included with a petition for reconsideration or otherwise fails to 
comply with procedural requirements set forth by the rules; (2) a 
petitioner fails to identify any material error, omission, or reason 
warranting reconsideration or fails to state with particularity the 
respects in which the petitioner believes the action taken should be 
changed; (3) a petitioner relies upon arguments that have been fully 
considered and rejected by the Commission within the same proceeding; 
(4) a petition relates to matters outside the scope of the order for 
which reconsideration has been requested; (5) a petitioner relies upon 
facts or arguments that could have been presented previously to the 
Commission or its staff but were not; (6) a petition relates to an 
order for which reconsideration has been previously denied on similar 
grounds; and (7) a petition was untimely filed. We expect that staff 
will refrain from exercising this authority to dismiss petitions for 
reconsideration in close cases, and will avoid dismissal on procedural 
grounds when it is in the public interest to do so. We also note that a 
party aggrieved by a staff dismissal or denial of a petition for 
reconsideration under this provision may file an application for review 
with the full Commission. See 47 U.S.C. 155(c)(4); 47 CFR 1.115(a).

[[Page 24387]]

    In the Notice, we further proposed to require that persons filing 
petitions for reconsideration of Commission action do so through ECFS. 
See 25 FCC Rcd at 2432. In the Report and Order, we amend our rules to 
emphasize that in docketed proceedings, petitions for reconsideration 
submitted by electronic means other than ECFS (such as electronic mail) 
and petitions submitted directly to staff shall not be considered to 
have been properly filed, unless a law or rule specifically permits the 
alternative means of filing.
    Finally, we proposed in the Notice to amend section 1.429 to 
provide that this rule, rather than the ``catch-all'' reconsideration 
provision in section 1.106, applies to petitions for reconsideration of 
Commission orders adopting rules without notice and comment (such as 
orders establishing or amending rules of agency organization, 
procedure, or practice). See 25 FCC Rcd at 2432. In the Report and 
Order, we decide to apply section 1.429 to orders adopting rules 
without notice and comment.

2. Reconsideration on the Commission's Own Motion

    In the Notice, we proposed to amend section 1.108 of the 
Commission's rules, captioned ``Reconsideration on Commission's own 
motion,'' which provides that ``[t]he Commission may, on its own 
motion, set aside any action made or taken by it within 30 days from 
the date of public notice of such action, as that date is defined in 
Sec.  1.4(b) of these rules.'' See 47 CFR 1.108. One court has 
construed this provision narrowly to preclude Commission modification 
of an action. See Sprint Corp. v. FCC, 315 F.3d 369, 375 (DC Cir. 
2003). Because the purpose of the rule is to provide the Commission a 
mechanism for exercising plenary power to reconsider actions on its own 
motion, we amend section 1.108 to conform to the fuller definition of 
``reconsider'' in section 1.106(k)(1), 47 CFR 1.106(k)(1).

Miscellaneous Part 1 Rules

    We proposed in the Notice to amend other Part 1 procedural rules to 
clarify and improve our practices. We adopt these and other changes, as 
detailed below.

1. Effective Dates of Rules

    Section 1.427(a), entitled ``Effective date of rules,'' provides 
that ``[a]ny rule issued by the Commission will be made effective not 
less than 30 days from the time it is published in the Federal Register 
except as otherwise specified in paragraphs (b) and (c) of this 
section.'' See 47 CFR 1.427(a). This provision contemplates that the 
Commission will specify in its rulemaking orders the effective date of 
adopted rules. While this typically is the case, the omission of such a 
statement can create confusion in the absence of a default rule on 
effective dates. See 25 FCC Rcd at 2437 & n.26. To forestall such 
confusion, we amend section 1.427(a) to provide that in the event a 
Commission order adopting a rule does not specify an effective date and 
does not affirmatively defer the setting of an effective date (e.g., 
when an adopted rule requires approval by the Office of Management and 
Budget under the Paperwork Reduction Act), the rule will become 
effective 30 days after publication in the Federal Register unless a 
later effective date is required by statute (such as the Congressional 
Review Act) or otherwise is specified by the Commission.

2. Computation of Time

    Deadlines for Commission Action Established by Rule. As stated in 
the Notice, uncertainty can arise when the Commission's rules set a 
deadline for Commission action on a date when the agency is not open 
for business. See 25 FCC Rcd at 2438. Although Section 1.4(j) of the 
Commission's rules adopts a ``next business day'' standard when a 
filing is due on such a date, it does not address the parallel 
situation in which Commission action is due by regulation. See 47 CFR 
1.4(j). We amend this rule to provide that when the due date for 
Commission action otherwise would fall on a holiday, as defined by 
section 1.4(e)(1) of the rules, that date will be extended to the next 
business day.
    Deadlines for Commission Action Established by Statute. As proposed 
in the Notice, we adopt a similar standard for statutory deadlines for 
Commission action, many of which arise under the Communications Act. 
See 25 FCC Rcd at 2438 & n.35. Specifically, in cases where a statutory 
deadline for Commission action falls on a holiday, as defined in 
section 1.4(e)(1) of our rules, we construe that deadline to require 
Commission action by the next business day, unless the statute provides 
otherwise. To effect this change, we amend section 1.4(a) of our rules 
to clarify its application to statutory deadlines for Commission action 
and add a new section 1.4(l) that applies the ``next business day'' 
standard (with the caveat for any statutory filing requirement) in this 
context.
    Definition of ``Holiday.'' As a matter of agency organization and 
practice, we adopt a clarifying change to section 1.4(e)(1) of our 
rules. Section 1.4(e)(1) currently defines the term ``holiday'' as 
``Saturday, Sunday, officially recognized Federal legal holidays and 
any other day on which the Commission's offices are closed and not 
reopened prior to 5:30 p.m. For example, a regularly scheduled 
Commission business day may become a holiday if its offices are closed 
prior to 5:30 p.m. due to adverse weather, emergency or other 
closing.'' 47 CFR 1.4(e)(1). We revise this rule in order expressly to 
address circumstances in which Commission Headquarters is closed but an 
office at a different Commission location is open, or a particular 
Commission office other than Headquarters is closed. Specifically, we 
amend section 1.4(e)(1) to clarify that the term ``holiday'' includes 
any day on which either the Commission's Headquarters are closed and 
not reopened prior to 5:30 p.m., or on which a Commission office aside 
from Headquarters is closed, but only with respect to filings that may 
be made in paper format at that non-Headquarters office or decisions 
that are issued by that office. For example, a regularly scheduled 
Commission business day may become a holiday with respect to the entire 
Commission if Headquarters is closed prior to 5:30 p.m. due to adverse 
weather, emergency or other closing, and a regularly scheduled 
Commission business day may become a holiday with respect to a 
particular Commission office aside from Headquarters if either 
Headquarters or that office is closed prior to 5:30 p.m. due to similar 
circumstances.

3. Clerical Corrections to Sections 1.1164 and 1.1912

    We make two clerical corrections to sections 1.1164 and 1.1912 of 
our rules, 47 CFR 1.164 and 1.1912. Section 1.1164 addresses penalties 
for late or insufficient regulatory fee payments. Section 1.1164(c) 
provides that ``[i]f a regulatory fee is paid in a timely manner, the 
regulatee will be notified of its deficiency.'' We amend this section 
in order to clarify its application to regulatees that do not pay 
requisite fees in a timely manner. Second, 1.1912 establishes 
procedures for debt collection by administrative offset, and further 
provides that the Commission ``may omit [these] procedures set forth in 
paragraph (a)(4)(i) of this section'' under certain circumstances. We 
change the reference in this provision to ``paragraph (b)(4)(i)'' of 
section 1.1912, which sets forth the relevant procedures.

Miscellaneous Part 0 Rules

    Finally, we take this opportunity to make editorial changes to our 
regulations implementing the Freedom

[[Page 24388]]

of Information Act (FOIA), 5 U.S.C. 552, so as to address issues that 
have come to our attention since we last reviewed and amended these 
regulations. See Amendment of Part 0 of the Commission's Rules 
Regarding Public Information, the Inspection of Records, and 
Implementing the Freedom of Information Act, 24 FCC Rcd 6904 (2008) 
(FOIA Rules). In section 0.453(c)(5), we inadvertently omitted the 
words ``carrier-to-carrier'' in the description of informal complaints 
that are routinely available, and amend that subsection accordingly. 
See 47 CFR 0.453(c)(5). Section 0.459(f) incorrectly cites section 
0.457(g), instead of section 0.457(d), and is corrected. See 47 CFR 
0.459(f). In the FOIA Rules decision, we indicated that we were 
amending our rules ``to require that written requests to obtain copies 
of records routinely available for public inspection must be processed 
through the Commission's copy contractor under section 0.465.'' See 24 
FCC Rcd at 6907. We did not amend sections 0.460 or 0.465 to reflect 
these changes, and therefore do so in this Report and Order. We also 
change the citation in section 0.465(f) to section 0.460(a) in order to 
reference the proper rule allowing persons to appear at the Commission 
to review or copy available records. See 47 CFR 0.465(f). Section 0.461 
refers to both calendar and business days, and is corrected to 
consistently refer to calendar days. See 47 CFR 0.461. The words 
``representation of the news media'' in the last sentence of section 
0.466(a)(4) is changed to ``representative of the news media'' to 
reflect the original intent of the law. See 47 CFR 0.466(a)(4). Section 
0.467(a)(2) of our rules indicates that search and review fees for 
Commission employees are computed at the General Schedule level plus 
personnel benefits, but this does not include ``other non-FCC personnel 
who conduct a search'' as provided in section 0.467(a)(1). See 47 CFR 
0.467(a)(1)-(2). We amend section 0.467(a)(2) to include such 
personnel. Finally, section 0.470(b)(1) refers to copying pages, but 
also refers to microfiches and computer printouts. See 47 CFR 
0.470(b)(1). We eliminate the latter obsolete references.
    No Notice and Comment Required. We have determined that the changes 
we adopt here are general statements of policy, interpretive rules, or 
rules of agency organization, procedure or practice, and are therefore 
exempt from the notice and comment requirements of the APA, 5 U.S.C. 
553(b)(A) (notice requirements inapplicable to ``interpretive rules, 
general statements of policy, or rules of agency organization, 
procedure or practice''). Nonetheless, the Commission initiated notice 
and comment procedures in order to obtain public input on proposed 
changes to our procedural and organizational rules.
    Regulatory Flexibility Act. Our action does not require notice and 
comment, and therefore is not subject to the Regulatory Flexibility Act 
of 1980, as amended. See 5 U.S.C. 601(2), 603(a). We nonetheless note 
that we anticipate that the rules we adopt today will not have a 
significant economic impact on a substantial number of small entities. 
As described above, in proposing to revise certain of our Part 1 Rules 
of Practice and Procedure and our Part 0 Rules of Commission 
Organization, we primarily change our own internal procedures and 
organization and do not impose substantive new responsibilities on 
regulated entities. There is no reason to believe that operation of the 
proposed rules would impose significant costs on parties to Commission 
proceedings. To the contrary, we take today's actions with the 
expectation that overall they will make dealings with the Commission 
quicker, easier, and less costly for entities of all sizes.
    Paperwork Reduction Act. This document does not contain new or 
modified proposed information collection requirements subject to the 
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, 
therefore, it does not contain any new or modified information 
collection burden for small business concerns with fewer than 25 
employees, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4) (SBPRA).
    Congressional Review Act. The Commission will not send a copy of 
this Report and Order pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A), because the adopted rules are rules relating to 
agency management or personnel and rules of agency organization, 
procedure, or practice that do not ``substantially affect the rights or 
obligations of non-agency parties.''

List of Subjects

47 CFR Part 0

    Organization and functions (Government agencies).

47 CFR Part 1

    Administrative practice and procedure, claims, Communications 
common carriers, Federal buildings and facilities, Investigations, 
Lawyers, Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 0 and 1 as follows:

PART 0--COMMISSION ORGANIZATION

0
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.


0
2. Section 0.141 is amended by revising paragraph (h) to read as 
follows:


Sec.  0.141   Functions of the Bureau.

* * * * *
    (h) Serves as the official FCC records custodian for designated 
records, including intake processing, organization and file 
maintenance, reference services, and retirement and retrieval of 
records; manages the Electronic Comment Filing System and certifies 
records for adjudicatory and court proceedings. Maintains manual and 
computerized files that provide for the public inspection of public 
record materials concerning Broadcast Ownership, AM/FM/TV, TV 
translators, FM Translators, Cable TV, Wireless, Auction, Common 
Carrier Tariff matters, International space station files, earth 
station files, DBS files, and other miscellaneous international files. 
Also maintains for public inspection Time Brokerage and Affiliation 
Agreements, court citation files, and legislative histories concerning 
telecommunications dockets. Provides the public and Commission staff 
prompt access to manual and computerized records and filing systems. 
Periodically reviews the status of open docketed proceedings and, 
following:
    (1) Consultation with and concurrence from the relevant bureau or 
office with responsibility for a particular proceeding,
    (2) The issuance of a public notice listing proceedings under 
consideration for termination, and;
    (3) A reasonable period during which interested parties may 
comment, closes any docket in which no further action is required or 
contemplated (with termination constituting a final determination in 
any such proceeding).
* * * * *

0
3. Section 0.445 is amended by revising paragraph (a) to read as 
follows:

[[Page 24389]]

Sec.  0.445  Publication, availability and use of opinions, orders, 
policy statements, interpretations, administrative manuals, and staff 
instructions.

    (a) Adjudicatory opinions and orders of the Commission, or its 
staff acting on delegated authority, are mailed or delivered by 
electronic means to the parties, and as part of the record, are 
available for inspection in accordance with Sec. Sec.  0.453 and 0.455.
* * * * *

0
4. Section 0.453 is amended by revising paragraph (c)(5) to read as 
follows:


Sec.  0.453  Public reference rooms.

* * * * *
    (c) * * *
    (5) All formal and informal carrier-to-carrier complaints against 
common carriers filed under Sec.  1.711 through Sec.  1.735 of this 
chapter, all documents filed in connection therewith, and all 
communications related thereto;
* * * * *

0
5. Section 0.459 is amended redesignating paragraphs (a)(2) and (3) as 
paragraphs (a)(3) and (4), by revising paragraph (a)(1) and adding new 
paragraph (a)(2), and revising paragraph (f) to read as follows:


Sec.  0.459  Requests that materials or information submitted to the 
Commission be withheld from public inspection.

    (a)(1) Procedures applicable to filings in non-electronic 
proceedings. Any person submitting information or materials to the 
Commission may submit therewith a request that such information not be 
made routinely available for public inspection. (If the materials are 
specifically listed in Sec.  0.457, such a request is unnecessary.) A 
copy of the request shall be attached to and shall cover all of the 
materials to which it applies and all copies of those materials. If 
feasible, the materials to which the request applies shall be 
physically separated from any materials to which the request does not 
apply; if this is not feasible, the portion of the materials to which 
the request applies shall be identified. In the latter circumstance, 
where confidential treatment is sought only for a portion of a 
document, the person submitting the document shall submit a redacted 
version for the public file.
    (2) Procedures applicable to filings in electronic proceedings. In 
proceedings to which the electronic filing requirements set forth in 
Sec.  1.49(f) of this chapter apply, a party seeking confidential 
treatment of a portion of a filing must submit in electronic format 
either a redacted version of the document or an affidavit that it is 
impossible to submit a redacted document consistent with the filing 
requirements of this section. Where a party demonstrates that even the 
fact of a filing must remain confidential, and that this is consistent 
with the requirements of this section, this affidavit may be filed in 
paper format under seal.
* * * * *
    (f) If no request for confidentiality is submitted, the Commission 
assumes no obligation to consider the need for non-disclosure but, in 
the unusual instance, may determine on its own motion that the 
materials should be withheld from public inspection. See Sec.  
0.457(d).
* * * * *

0
6. Section 0.460 is amended by revising paragraph (e)(1) to read as 
follows:


Sec.  0.460  Requests for inspection of records which are routinely 
available for public inspection.

* * * * *
    (e)(1) Written requests for records routinely available for public 
inspection under Sec. Sec.  0.453 and 0.455 shall be directed to the 
Commission's copy contractor pursuant to the procedures set forth in 
Sec.  0.465. Requests shall be captioned ``Request For Inspection Of 
Records,'' shall be dated, shall list the mailing address, telephone 
number (if any) of the person making the request, and the e-mail 
address (if any) and for each document requested, shall set out all 
information known to the person making the request which would be 
helpful in identifying and locating the document. Written requests 
shall, in addition, specify the maximum search fee the person making 
the request is prepared to pay (see Sec.  0.467).
* * * * *

0
7. Section 0.461 is amended by revising paragraph (d)(3) introductory 
text (note remains unchanged) to read as follows:


Sec.  0.461  Requests for inspection of materials not routinely 
available for public inspection.

* * * * *
    (d) * * *
    (3) If the request is for materials submitted to the Commission by 
third parties and not open to routine public inspection under Sec.  
0.457(d), Sec.  0.459, or another Commission rule or order, or if a 
request for confidentiality is pending pursuant to Sec.  0.459, or if 
the custodian of records has reason to believe that the information may 
contain confidential commercial information, one copy of the request 
will be provided by the custodian of the records (see Sec.  0.461(e)) 
to the person who originally submitted the materials to the Commission. 
If there are many persons who originally submitted the records and are 
entitled to notice under this paragraph, the custodian of records may 
use a public notice to notify the submitters of the request for 
inspection. The submitter or submitters will be given ten calendar days 
to respond to the FOIA request. See Sec.  0.459(d)(1). If a submitter 
has any objection to disclosure, he or she is required to submit a 
detailed written statement specifying all grounds for withholding any 
portion of the information (see Sec.  0.459). This response shall be 
served on the party seeking to inspect the records. The requester may 
submit a reply within ten calendar days unless a different period is 
specified by the custodian of records. The reply shall be served on all 
parties that filed a response. In the event that a submitter fails to 
respond within the time specified, the submitter will be considered to 
have no objection to disclosure of the information.
* * * * *

0
8. Section 0.465 is amended by revising paragraphs (b) and (f) to read 
as follows:


Sec.  0.465  Request for copies of materials which are available, or 
made available, for public inspection.

* * * * *
    (b)(1) Records routinely available for public inspection under 
Sec. Sec.  0.453 and 0.455 are available to the public through the 
Commission's current copy contractor. Section 0.461 does not apply to 
such records.
    (2) Audio or video recordings or transcripts of Commission 
proceedings are available to the public through the Commission's 
current copy contractor. In some cases, only some of these formats may 
be available.
* * * * *
    (f) Anyone requesting copies of documents pursuant to this section 
may either come in person to the Commission (see Sec.  0.460(a)) or 
request that the copy contractor fulfill the request. If a request goes 
directly to the contractor, the requester will be charged by the 
contractor pursuant to the price list set forth in the latest contract.

0
9. Section 0.466 is amended by revising paragraph (a)(4) to read as 
follows:


Sec.  0.466  Definitions.

    (a) * * *
    (4) The term commercial use request refers to a request from or on 
behalf of one who seeks information for a use or purpose that furthers 
the commercial

[[Page 24390]]

interests of the requester. In determining whether a requester properly 
falls within this category, the Commission shall determine the use to 
which a requester will put the documents requested. Where the 
Commission has reasonable cause to question the use to which a 
requester will put the documents sought, or where that use is not clear 
from the request itself, the Commission shall seek additional 
clarification before assigning the request to a specific category. The 
dissemination of records by a representative of the news media (see 
Sec.  0.466(a)(7)) shall not be considered to be for a commercial use.
* * * * *

0
10. Section 0.467 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  0.467  Search and review fees.

    (a) * * *
    (2) The fees specified in paragraph (a)(1) of this section are 
computed at Step 5 of each grade level based on the General Schedule or 
the hourly rate of non-FCC personnel, including in addition twenty 
percent for personnel benefits. Search and review fees will be assessed 
in \1/4\ hour increments.
* * * * *

0
11. Section 0.470 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  0.470  Assessment of fees.

* * * * *
    (b)(1) The 100 page restriction on assessment of reproduction fees 
in paragraphs (a)(2) and (3) of this section refers to 100 paper copies 
of a standard size, which will normally be ``8\1/2\ x 11'' or ``11 x 
14.''
* * * * *

PART 1--PRACTICE AND PROCEDURE

0
12. The authority citation for part 1 is revised to read as follows:

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 303(r), and 309.


0
13. Section 1.2 is revised to read as follows:


Sec.  1.2  Declaratory rulings.

    (a) The Commission may, in accordance with section 5(d) of the 
Administrative Procedure Act, on motion or on its own motion issue a 
declaratory ruling terminating a controversy or removing uncertainty.
    (b) The bureau or office to which a petition for declaratory ruling 
has been submitted or assigned by the Commission should docket such a 
petition within an existing or current proceeding, depending on whether 
the issues raised within the petition substantially relate to an 
existing proceeding. The bureau or office then should seek comment on 
the petition via public notice. Unless otherwise specified by the 
bureau or office, the filing deadline for responsive pleadings to a 
docketed petition for declaratory ruling will be 30 days from the 
release date of the public notice, and the default filing deadline for 
any replies will be 15 days thereafter.


0
14. Section 1.4 is amended by revising paragraphs (a), (e)(1) 
introductory text, redesignating the note following paragraph (e)(1) as 
``Note to paragraph (e)(1),'' revising paragaph (j) introductory text, 
and adding paragraph (l) to read as follows:


Sec.  1.4  Computation of time.

    (a) Purpose. The purpose of this rule section is to detail the 
method for computing the amount of time within which persons or 
entities must act in response to deadlines established by the 
Commission. It also applies to computation of time for seeking both 
reconsideration and judicial review of Commission decisions. In 
addition, this rule section prescribes the method for computing the 
amount of time within which the Commission must act in response to 
deadlines established by statute, a Commission rule, or Commission 
order.
* * * * *
    (e) * * *
    (1) The term holiday means Saturday, Sunday, officially recognized 
Federal legal holidays and any other day on which the Commission's 
Headquarters are closed and not reopened prior to 5:30 p.m., or on 
which a Commission office aside from Headquarters is closed (but, in 
that situation, the holiday will apply only to filings with that 
particular office). For example, a regularly scheduled Commission 
business day may become a holiday with respect to the entire Commission 
if Headquarters is closed prior to 5:30 p.m. due to adverse weather, 
emergency or other closing. Additionally, a regularly scheduled 
Commission business day may become a holiday with respect to a 
particular Commission office aside from Headquarters if that office is 
closed prior to 5:30 p.m. due to similar circumstances.
* * * * *
    (j) Unless otherwise provided (e.g. Sec.  76.1502(e) of this 
chapter) if, after making all the computations provided for in this 
section, the filing date falls on a holiday, the document shall be 
filed on the next business day. See paragraph (e)(1) of this section. 
If a rule or order of the Commission specifies that the Commission must 
act by a certain date and that date falls on a holiday, the Commission 
action must be taken by the next business day.
* * * * *
    (l) When Commission action is required by statute to be taken by a 
date that falls on a holiday, such action may be taken by the next 
business day (unless the statute provides otherwise).


0
15. Section 1.47 is amended by revising paragraph (a) to read as 
follows:


Sec.  1.47  Service of documents and proof of service.

    (a) Where the Commission or any person is required by statute or by 
the provisions of this chapter to serve any document upon any person, 
service shall (in the absence of specific provisions in this chapter to 
the contrary) be made in accordance with the provisions of this 
section. Documents that are required to be served by the Commission in 
agency proceedings (i.e., not in the context of judicial proceedings, 
Congressional investigations, or other proceedings outside the 
Commission) may be served in electronic form. In proceedings involving 
a large number of parties, and unless otherwise provided by statute, 
the Commission may satisfy its service obligation by issuing a public 
notice that identifies the documents required to be served and that 
explains how parties can obtain copies of the documents.

    Note to paragraph (a): Section 1.47(a) grants staff the 
authority to decide upon the appropriate format for electronic 
notification in a particular proceeding, consistent with any 
applicable statutory requirements. The Commission expects that 
service by public notice will be used only in proceedings with 20 or 
more parties.

* * * * *
0
16. Section 1.49 is amended by revising paragraph (f) and redesignating 
the note at the end of the section as ``Note to Sec.  1.49''.
    The revision reads as follows:


Sec.  1.49  Specifications as to pleadings and documents.

* * * * *
    (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, must be filed in electronic 
format:

[[Page 24391]]

    (i) Formal complaint proceedings under Section 208 of the Act and 
rules in Sec. Sec.  1.720 through 1.736, and pole attachment complaint 
proceedings under Section 224 of the Act and rules in Sec. Sec.  1.1401 
through 1.1418;
    (ii) Proceedings, other than rulemaking proceedings, relating to 
customer proprietary network information (CPNI);
    (iii) Proceedings relating to cable special relief petitions;
    (iv) Proceedings involving Over-the-Air Reception Devices; and
    (v) Common carrier certifications under rule in Sec.  54.314 of 
this chapter.
    (2) Unless required under paragraph (f)(1) of this section, 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;
    (iii) Petition for rulemaking proceedings (except broadcast 
allotment proceedings); and
    (iv) Petition for forbearance proceedings.
    (3) 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.


0
17. Section 1.51 is revised to read as follows:


Sec.  1.51  Number of copies of pleadings, briefs, and other papers.

    (a) In hearing proceedings, unless otherwise specified by 
Commission rules, an original and one copy shall be filed, along with-
an additional copy for each additional presiding officer at the 
hearing, if more than one.
    (b) In rulemaking proceedings which have not been designated for 
hearing, see Sec.  1.419.
    (c) In matters other than rulemaking and hearing cases, unless 
otherwise specified by Commission rules, an original and one copy shall 
be filed. If the matter relates to part 22 of the rules, see Sec.  22.6 
of this chapter.
    (d) Where statute or regulation provides for service by the 
Commission of papers filed with the Commission, an additional copy of 
such papers shall be filed for each person to be served.
    (e) The parties to any proceeding may, on notice, be required to 
file additional copies of any or all filings made in that proceeding.
    (f) For application and licensing matters involving the Wireless 
Radio Services, pleadings, briefs or other documents may be filed 
electronically in ULS, or if filed manually, one original and one copy 
of a pleading, brief or other document must be filed.
    (g) Participants that file pleadings, briefs or other documents 
electronically in ULS need only submit one copy, so long as the 
submission conforms to any procedural or filing requirements 
established for formal electronic comments. (See Sec.  1.49)
    (h) Pleadings, briefs or other documents filed electronically in 
ULS 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 electronically 
in ULS shall provide their name, street address, and telephone number.


0
18. Section 1.106 is amended by revising the section heading and 
paragraphs (a)(1), (b)(2), (c), (d), (i), and (j), and by adding 
paragraph (p) to read as follows:


Sec.  1.106  Petitions for reconsideration in non-rulemaking 
proceedings.

    (a)(1) Except as provided in paragraphs (b)(3) and (p) of this 
section, petitions requesting reconsideration of a final Commission 
action in non-rulemaking proceedings will be acted on by the 
Commission. Petitions requesting reconsideration of other final actions 
taken pursuant to delegated authority will be acted on by the 
designated authority or referred by such authority to the Commission. A 
petition for reconsideration of an order designating a case for hearing 
will be entertained if, and insofar as, the petition relates to an 
adverse ruling with respect to petitioner's participation in the 
proceeding. Petitions for reconsideration of other interlocutory 
actions will not be entertained. (For provisions governing 
reconsideration of Commission action in notice and comment rulemaking 
proceedings, see Sec.  1.429. This Sec.  1.106 does not govern 
reconsideration of such actions.)
* * * * *
    (b) * * *
    (2) Where the Commission has denied an application for review, a 
petition for reconsideration will be entertained only if one or more of 
the following circumstances are present:
    (i) The petition relies on facts or arguments which relate to 
events which have occurred or circumstances which have changed since 
the last opportunity to present such matters to the Commission; or
    (ii) The petition relies on facts or arguments unknown to 
petitioner until after his last opportunity to present them to the 
Commission, and he could not through the exercise of ordinary diligence 
have learned of the facts or arguments in question prior to such 
opportunity.
* * * * *
    (c) In the case of any order other than an order denying an 
application for review, a petition for reconsideration which relies on 
facts or arguments not previously presented to the Commission or to the 
designated authority may be granted only under the following 
circumstances:
    (1) The facts or arguments fall within one or more of the 
categories set forth in Sec.  1.106(b)(2); or
    (2) The Commission or the designated authority determines that 
consideration of the facts or arguments relied on is required in the 
public interest.
    (d)(1) A petition for reconsideration shall state with 
particularity the respects in which petitioner believes the action 
taken by the Commission or the designated authority should be changed. 
The petition shall state specifically the form of relief sought and, 
subject to this requirement, may contain alternative requests.
    (2) A petition for reconsideration of a decision that sets forth 
formal findings of fact and conclusions of law shall also cite the 
findings and/or conclusions which petitioner believes to be erroneous, 
and shall state with particularity the respects in which he believes 
such findings and/or conclusions should be changed. The petition may 
request that additional findings of fact and/or conclusions of law be 
made.
* * * * *
    (i) Petitions for reconsideration, oppositions, and replies shall 
conform to the requirements of Sec. Sec.  1.49, 1.51, and 1.52 and 
shall be submitted to the Secretary, Federal Communications Commission, 
Washington, DC 20554, by mail, by commercial courier, by hand, or by 
electronic submission through the Commission's Electronic Comment 
Filing System or other electronic filing system (such as ULS). 
Petitions submitted only by electronic mail and petitions submitted 
directly to staff without submission to the Secretary shall not be 
considered to have been properly filed. Parties filing in

[[Page 24392]]

electronic form need only submit one copy.
    (j) The Commission or designated authority may grant the petition 
for reconsideration in whole or in part or may deny or dismiss the 
petition. Its order will contain a concise statement of the reasons for 
the action taken. Where the petition for reconsideration relates to an 
instrument of authorization granted without hearing, the Commission or 
designated authority will take such action within 90 days after the 
petition is filed.
* * * * *
    (p) Petitions for reconsideration of a Commission action that 
plainly do not warrant consideration by the Commission may be dismissed 
or denied by the relevant bureau(s) or office(s). Examples include, but 
are not limited to, petitions that:
    (1) Fail to identify any material error, omission, or reason 
warranting reconsideration;
    (2) Rely on facts or arguments which have not previously been 
presented to the Commission and which do not meet the requirements of 
paragraphs (b)(2), (b)(3), or (c) of this section;
    (3) Rely on arguments that have been fully considered and rejected 
by the Commission within the same proceeding;
    (4) Fail to state with particularity the respects in which 
petitioner believes the action taken should be changed as required by 
paragraph (d) of this section;
    (5) Relate to matters outside the scope of the order for which 
reconsideration is sought;
    (6) Omit information required by these rules to be included with a 
petition for reconsideration, such as the affidavit required by 
paragraph (e) of this section (relating to electrical interference);
    (7) Fail to comply with the procedural requirements set forth in 
paragraphs (f) and (i) of this section;
    (8) relate to an order for which reconsideration has been 
previously denied on similar grounds, except for petitions which could 
be granted under paragraph (c) of this section; or
    (9) Are untimely.
* * * * *

0
19. Section 1.108 is revised to read as follows:


Sec.  1.108  Reconsideration on Commission's own motion.

    The Commission may, on its own motion, reconsider any action made 
or taken by it within 30 days from the date of public notice of such 
action, as that date is defined in Sec.  1.4(b). When acting on its own 
motion under this section, the Commission may take any action it could 
take in acting on a petition for reconsideration, as set forth in Sec.  
1.106(k).

0
20. Section 1.419 is amended by revising paragraph (b) to read as 
follows:


Sec.  1.419  Form of comments and replies; number of copies.

* * * * *
    (b) Unless otherwise specified by Commission rules, an original and 
one copy of all comments, briefs and other documents filed in a 
rulemaking proceeding shall be furnished to the Commission. The 
distribution of such copies shall be as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Secretary (original).............................................      1
Reference Information Center.....................................      1
                                                                  ------
    Total........................................................      2
------------------------------------------------------------------------

    Participants filing the required 2 copies who also wish each 
Commissioner to have a personal copy of the comments may file an 
additional 5 copies. The distribution of such copies shall be as 
follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Commissioners....................................................      5
Secretary (original).............................................      1
Reference Information Center.....................................      1
                                                                  ------
    Total........................................................      7
------------------------------------------------------------------------

    Similarly, members of the general public who wish to express their 
interest by participating informally in a rulemaking proceeding may do 
so by submitting an original and one copy of their comments, without 
regard to form, provided only that the Docket Number is specified in 
the heading. Informal comments filed after close of the reply comment 
period, or, if on reconsideration, the reconsideration reply comment 
period, should be labeled ``ex parte'' pursuant to Sec.  1.1206(a). 
Letters submitted to Commissioners or Commission staff will be treated 
in the same way as informal comments, as set forth above. Also, to the 
extent that an informal participant wishes to submit to each 
Commissioner a personal copy of a comment and has not submitted or 
cannot submit the comment by electronic mail, the participant may file 
an additional 5 copies. The distribution of such copies shall be as 
follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Commissioners....................................................      5
Secretary (original).............................................      1
Reference Information Center.....................................      1
                                                                  ------
    Total........................................................      7
------------------------------------------------------------------------

* * * * *

0
21. Section 1.427 is amended by revising paragraph (a) to read as 
follows:


Sec.  1.427  Effective date of rules.

    (a) Any rule issued by the Commission will be made effective not 
less than 30 days from the time it is published in the Federal Register 
except as otherwise specified in paragraphs (b) and (c) of this 
section. If the report and order adopting the rule does not specify the 
date on which the rule becomes effective, the effective date shall be 
30 days after the date on which the rule is published in the Federal 
Register, unless a later date is required by statute or is otherwise 
specified by the Commission.
* * * * *

0
22. Section 1.429 is amended by revising the section heading and 
paragraphs (b), (h), and (i), and by adding paragraph (l) to read as 
follows:


Sec.  1.429  Petition for reconsideration of final orders in rulemaking 
proceedings.

* * * * *
    (b) A petition for reconsideration which relies on facts or 
arguments which have not previously been presented to the Commission 
will be granted only under the following circumstances:
    (1) The facts or arguments relied on relate to events which have 
occurred or circumstances which have changed since the last opportunity 
to present such matters to the Commission;
    (2) The facts or arguments relied on were unknown to petitioner 
until after his last opportunity to present them to the Commission, and 
he could not through the exercise of ordinary diligence have learned of 
the facts or arguments in question prior to such opportunity; or
    (3) The Commission determines that consideration of the facts or 
arguments relied on is required in the public interest.
* * * * *
    (h) Petitions for reconsideration, oppositions and replies shall 
conform to the requirements of Sec. Sec.  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, DC 20554, by mail, by commercial 
courier, by hand, or by electronic submission through the Commission's 
Electronic Comment Filing System. Petitions submitted only by 
electronic mail and petitions submitted directly to staff without 
submission to the Secretary shall not be considered to have been 
properly filed.

[[Page 24393]]

Parties filing in electronic form need only submit one copy.
    (i) The Commission may grant the petition for reconsideration in 
whole or in part or may deny or dismiss the petition. Its order will 
contain a concise statement of the reasons for the action taken. Any 
order addressing a petition for reconsideration which modifies rules 
adopted by the original order is, to the extent of such modification, 
subject to reconsideration in the same manner as the original order. 
Except in such circumstance, a second petition for reconsideration may 
be dismissed by the staff as repetitious. In no event shall a ruling 
which denies a petition for reconsideration be considered a 
modification of the original order.
* * * * *
    (l) Petitions for reconsideration of a Commission action that 
plainly do not warrant consideration by the Commission may be dismissed 
or denied by the relevant bureau(s) or office(s). Examples include, but 
are not limited to, petitions that:
    (1) Fail to identify any material error, omission, or reason 
warranting reconsideration;
    (2) Rely on facts or arguments which have not previously been 
presented to the Commission and which do not meet the requirements of 
paragraphs (b)(1) through (3) of this section;
    (3) Rely on arguments that have been fully considered and rejected 
by the Commission within the same proceeding;
    (4) Fail to state with particularity the respects in which 
petitioner believes the action taken should be changed as required by 
paragraph (c) of this section;
    (5) Relate to matters outside the scope of the order for which 
reconsideration is sought;
    (6) Omit information required by these rules to be included with a 
petition for reconsideration;
    (7) Fail to comply with the procedural requirements set forth in 
paragraphs (d), (e), and (h) of this section;
    (8) Relate to an order for which reconsideration has been 
previously denied on similar grounds, except for petitions which could 
be granted under paragraph (b) of this section; or
    (9) Are untimely.
* * * * *

0
23. Section 1.1164 is amended by revising paragraph (c) to read as 
follows:


Sec.  1.1164  Penalties for late or insufficient regulatory fee 
payments.

* * * * *
    (c) If a regulatory fee is not paid in a timely manner, the 
regulatee will be notified of its deficiency. This notice will 
automatically assess a 25 percent penalty, subject the delinquent 
payor's pending applications to dismissal, and may require a delinquent 
payor to show cause why its existing instruments of authorization 
should not be subject to rescission.
* * * * *
0
24. Section 1.1912 is amended by revising paragraph (b)(4)(ii) to read 
as follows:


Sec.  1.1912  Collection by administrative offset.

* * * * *
    (b) * * *
    (4) * * *
    (ii) The Commission may omit the procedures set forth in paragraph 
(b)(4)(i) of this section when:
    (A) The offset is in the nature of a recoupment;
    (B) The debt arises under a contract as set forth in Cecile 
Industries, Inc. v. Cheney, 995 F.2d 1052 (Fed. Cir. 1993) (notice and 
other procedural protections set forth in 31 U.S.C. 3716(a) do not 
supplant or restrict established procedures for contractual offsets 
accommodated by the Contracts Disputes Act); or
    (C) In the case of non-centralized administrative offsets conducted 
under paragraph (c) of this section, the Commission first learns of the 
existence of the amount owed by the debtor when there is insufficient 
time before payment would be made to the debtor/payee to allow for 
prior notice and an opportunity for review. When prior notice and an 
opportunity for review are omitted, the Commission shall give the 
debtor such notice and an opportunity for review as soon as practicable 
and shall promptly refund any money ultimately found not to have been 
owed to the Government.
* * * * *
[FR Doc. 2011-10356 Filed 4-29-11; 8:45 am]
BILLING CODE 6712-01-P