[Federal Register Volume 78, Number 137 (Wednesday, July 17, 2013)]
[Rules and Regulations]
[Pages 42699-42700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17055]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 54
[CC Docket No. 02-6; FCC 13-81]
Application for Review of a Decision of the Wireline Competition
Bureau by Dooly County School System; Schools and Libraries Universal
Service Support Mechanism
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission), denies in part and dismisses in part an Application for
Review filed by the Dooly County School System and rescinds the
remaining interim filing procedures established by the Commission in
the 2001 Interim Filing Procedures Order. These actions are needed to
provide clarity and certainty as to the filing deadline for
applications for review arising from Universal Service Administrative
Company-related proceedings.
DATES: Effective August 16, 2013.
FOR FURTHER INFORMATION CONTACT: Regina Brown, Attorney, Wireline
Competition Bureau, (202) 418-0792 or TTY: (202) 418-0484.
SUPPLEMENTARY INFORMATION: This is a summary of that portion of the
Commission's Order which rescinds the remaining interim filing
procedure established by the Commission in the 2001 Interim Filing
Procedures Order in CC Docket No. 02-6; FCC 13-81, released on June 10,
2013. The full text of this document is available for public inspection
during regular business hours in the FCC Reference Center, Room CY-
A257, 445 12th Street SW., Washington, DC 20554 or at the following
Internet address: http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0425/DA-12-646A1.pdf.
1. As codified in the Code of Federal Regulations, the Commission's
rules state that ``the application for review and any [supplement]
thereto shall be filed within 30 days of public notice of such
action.'' Dooly County's Application for Review was filed on January
10, 2012, which was more than 30 days after public notice of the
Bureau's Al-Ihsan Academy Order, which was released on December 5,
2011. Therefore, in its Application for Review, Dooly County also seeks
a waiver of the application for review filing deadline, if needed. As
an initial matter, however, Dooly County argues that a waiver of the
deadline for filing an application for review is unnecessary because
the current deadline for filing an application for review arising from
USAC-related proceedings is 60 days from public notice of such action
as established in the Commission's December 2001 Interim Filing
Procedures Order, 67 FR 3441, January 24, 2002, and not 30 days as
provided in the Code of Federal Regulations. Because we dismiss in part
Dooly County's Application for Review on the basis that Dooly County
did not afford the Bureau an opportunity to address the arguments
raised in its Application for Review, and deny it in part with respect
to its argument previously raised with and denied by the Bureau, and
because Dooly County did not demonstrate good cause exists warranting a
waiver of the Commission's rules, we need not address the question of
whether Dooly County's filing was timely.
2. However, to provide clarity and certainty as to the filing
deadline for applications for review arising from USAC-related
proceedings, we take this opportunity to rescind the interim emergency
filing procedures for applications for review arising from USAC-related
proceedings established by the Commission the Interim Filing Procedures
Order. In the Interim Filing Procedures Order, due to emergency events
in Washington, DC arising from the September 11, 2001 terrorist
attacks, the Commission amended its procedural rules ``on an emergency,
interim basis . . . to extend the period of filing a request for
review, or applications for review arising from [USAC-related]
proceedings, from the current 30 day period to 60 days, to provide
applicants with the option of electronic filing (via either electronic
mail or facsimile) for requests for review and petitions for
reconsideration or applications for review that arise from such
pleadings.'' until further notice. Subsequently, in April 2003, the
Commission released the Schools and Libraries Second Report and Order,
68 FR 36931, June 20, 2003, which permanently extended the deadline for
filing initial appeals with USAC or the Commission to 60 days. The
Schools and Libraries Second Report and Order did not, however, address
the extended filing period for applications for review. Subsequently,
the Commission rescinded all other emergency filing procedures adopted
in late 2001 with the exception of the emergency filing procedures
established in the Interim Filing Procedures Order. By this Order, we
therefore rescind the interim filing procedures established by the
Commission in the Interim Filing Procedures Order. As stated by the
Commission in the Interim Filing Procedures Rescission Order, mail
delivery in the Washington, DC area has greatly improved since 2001 and
the United States Postal Service has greatly reduced the delay in
processing mail. Also, the Commission has since 2001 expanded it
electronic filing capabilities, and implemented its own processes to
combat the threat of contamination of incoming mail. Given these
circumstances, we conclude that the interim electronic filing
procedures adopted by the Commission in 2001 are no longer necessary.
Accordingly, we rescind those procedures, effective 30 days after
publication of this Order in the Federal Register. Thereafter, filings
of applications for review arising from USAC-related proceedings will
no longer be accepted by facsimile or email and will be due within 30
days from public notice of such action, as provided in the Commission's
rules. Once these clarifications take effect, the Bureau will issue a
Public Notice announcing their effectiveness and explaining the correct
procedures.
3. This document does not contain new or modified 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).
4. Accordingly, it is ordered that, pursuant to the authority of
section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), the interim electronic filing procedures adopted in the Interim
Filing Procedures Order, FCC 01-376, are rescinded.
5. It is further ordered that the rescission of the interim
electronic filing procedures adopted in the Interim Filing Procedures
Order shall become effective August 16, 2013.
[[Page 42700]]
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-17055 Filed 7-16-13; 8:45 am]
BILLING CODE 6712-01-P