The Federal Communications Commission (FCC) has issued a Notice of 
Proposed Rule Making concerning electronic filing and retrieval of 
public comments in its regulatory proceedings.  Accessible, 
electronic participation by people with disabilities would offer 
important benefits to the design of public policy affecting 
telecommunications technologies.  Responses to this Notice are due 
to the FCC by May 21 and may be filed electronically.

Jamal Mazrui
National Council on Disability
Email: 74444.1076@compuserve.com

----------

  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.
  -----------------------------------------------------------------------------
  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.
    Note 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.
    Note 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.
 
  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 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.
    Note 3 Report on Creating an FCC for the Information Age, Special Counsel
  to the FCC for Reinventing Government, Public Notice 51978 (February 2,
  1995).
    Note 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.
    Note 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.
    Note 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.
 
    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.
    Note 7 Improving Commission Processes, Notice of Inquiry, PP Docket No. 96-
  17, 11 FCC Rcd 14006 (1996).
 
    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.
    Note 8 See, e.g., GTE comments at 18; NECA comments at 2; SBC comments at
  5; FCBA comments at 3-4.
    Note 9 47 U.S.C. Sec. 257.
 
    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.
    Note 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.
 
  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 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.
    Note 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.
    Note 12 See footnote 2, supra, and Para. 10, infra.
 
    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
    Note 13 See, e.g., 47 CFR Secs. 1.49, 1.419.
    Note 14 47 CFR Sec. 1.419(b).
    Note 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.
 
    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.
    Note 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.
    Note 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.
 
    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
  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.
    Note 18 We have proposed revisions to Section 1.419 to adapt that rule to
  electronic filings.
 
    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.
    Note 19 See, e.g., Commission Taking Tough Measures Against Frivolous
  Pleadings, Public Notice, FCC 96-42, 11 FCC Rcd. 3030 (1996).
 
    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.
    Note 20 47 CFR Sec. 1.7.
 
    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.
    Note 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.
 
    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 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.
 
  * * * * *
 
    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]



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