Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | CC Docket No. 96-45          |
|                                  | * |                              |
| Implementation of Interim Filing | ) |                              |
| Procedures for Filings of        | * |                              |
| Requests for Review              | * |                              |
|                                  |   |                              |
| Federal-State Joint Board on     | * |                              |
| Universal Service )              | * |                              |
|                                  | ) |                              |
| )                                | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
+----------------------------------+---+------------------------------+

**ORDER**

**Adopted: December 20, 2001 Released: December 26, 2001**

By the Commission:

1.  Due to recent emergency events in Washington, D.C. resulting in the
    unforeseeable and understandable disruption of regular mail delivery
    and of the processing of other deliveries due to the threat of
    contamination, the Commission is presently unable to confirm receipt
    of requests for review of the decisions of the Universal Service
    Administrative Company (Administrator) that are filed pursuant to
    sections 54.719 through 54.725, 47 C.F.R. §§ 54.719-54.725.[^1] In
    order to continue timely processing of such filings and to avoid
    prejudice to parties as a result of this disruption in mail service,
    we hereby amend our procedural rules on an emergency, interim basis
    as described below to extend the period for filing a request for
    review, or applications for review arising from such 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 proceedings, and to
    provide parties that have mailed pleadings on or after September 12,
    2001 with an opportunity to refile their pleadings
    electronically.[^2]

2.  Our current rules provide that any person aggrieved by a decision of
    any Division of the Administrator may file an appeal directly with
    the Commission within 30 days of the date of the issuance of the
    decision.[^3] Alternately, the person may appeal the decision of a
    Division within 30 days of the date of the decision to the relevant
    Committee governing that Division, in which case the time for filing
    an appeal with the Commission is tolled during the pendency of the
    appeal before the Committee.[^4] Once the Committee has issued a
    decision on the appeal, the person then has up to 30 days to appeal
    that decision to the Commission.[^5] A person receiving an adverse
    decision from the Commission has up to 30 days to file a petition
    for reconsideration pursuant to section 1.106 or an application for
    review of action taken on delegated authority pursuant to section
    1.115.[^6]

3.  Effective upon publication in *Federal Register* and until further
    notice, we modify our rules as follows. First, requests for review
    filed pursuant to sections 54.719 through 54.725, 47 C.F.R. §§
    54.719 through 54.725, and any applications for review arising from
    such proceedings shall be filed within 60 days of the issuance of
    the decision being reviewed.[^7] This 60-day period will be
    applicable to all such pleadings that were required to be filed on
    or after September 12, 2001 and were received by the Commission on
    or after September 12, 2001.[^8] Second, parties filing requests for
    review, or petitions for reconsideration or applications for review
    of decisions on requests for review, may, at their option, file
    their pleadings electronically, either by electronic mail or
    facsimile.[^9]

4.  If filed by electronic mail, pleadings shall be filed at the
    following e-mail address:
    [CCBSecretary@fcc.gov](mailto:XXXX@fcc.gov). Documents filed via
    electronic mail may be submitted in Adobe Portable Document Format
    (PDF), Word, WordPerfect, or any other widely used word processing
    format. The Commission will automatically reply to all incoming
    e-mails to confirm receipt. If filed by facsimile, pleadings shall
    be faxed to 202-418-0187. The fax transmission should include a
    cover sheet listing contact name, phone number, and, if available,
    an e-mail address.[^10]

5.  We further provide that pleadings of the type described in paragraph
    3 above that were due on or after September 12, 2001 and that were
    submitted by non-electronic means between September 12, 2001 and the
    effective date of this order may be refiled electronically within 30
    days of the effective date of this order in accordance with the
    procedures specified in the preceding paragraph.[^11] Pleadings
    filed electronically pursuant to this paragraph shall be accompanied
    by a signed affidavit or a declaration pursuant to Commission rule
    section 1.16 stating that the previously filed pleading was timely
    filed, and providing the date the pleading was originally mailed to
    the Commission, and by what means. For this purpose only, the
    original pleading will be considered filed as of the date that it
    was mailed.

6.  Accordingly, IT IS ORDERED that, pursuant to the authority of
    Sections 4(i) of the Communications Act of 1934, as amended, 47
    U.S.C. § 154 (i), the Commission ADOPTS the procedural requirements
    set forth in this order and SUSPENDS any contrary requirements.

7.  IT IS FURTHER ORDERED that the rule changes set forth in Appendix A
    shall become effective upon publication in the *Federal
    Register*.[^12]

> FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

> **APPENDIX A**

Part 1 of Title 47 of the Code of Federal Regulations is amended as
follows:

Part 1 of Title 47 of the Code of Federal Regulations is amended as
follows:

1.  Section 1.4 is amended by adding at the end of section 1.4 (f):

**§ 1.4 Computation of Time**

\*\*\*\*\*

\(f\) \*\*\*\*\*

Note:

Due to the emergency events in Washington, D.C. resulting in the
interruption of regular mail delivery, until further notice, the
following types of pleadings may be filed either manually or
electronically with the Commission: 1) requests for review pursuant to
Section 254 of the Communications Act of 1934, as amended, and Sections
54.719 through 54.725 of the Commission's rules; 2) petitions for
reconsideration arising from such proceedings and filed pursuant to
Section 405 of the Communications Act of 1934, as amended, and
Commission rule section 1.106; and 3) applications for review arising
from such proceedings and filed pursuant to section 155 of the
Communications Act of 1934 and Commission rule 1.115. Electronic filing
shall be by electronic mail or facsimile. If filed by electronic mail,
pleadings described above shall be filed at the following e-mail
address: [CCBSecretary@fcc.gov]{.underline}. Documents filed via
electronic mail may be submitted in PDF, Word, WordPerfect, or any other
widely-used word processing format. The Commission will automatically
reply to all incoming e-mails to confirm receipt. If filed by facsimile,
pleadings described above shall be faxed to: 202-418-0187. The fax
transmission should include a contact name, phone number and e-mail
address if applicable. Pleadings of the type described in this paragraph
that were due on or after September 12, 2001 and that were submitted by
non-electronic means between September 12, 2001 and the effective date
of this order may be refiled electronically within 30 days of the
effective date of this order. Refilings pursuant to this paragraph shall
be accompanied by a signed affidavit or a declaration pursuant to
Commission rule section 1.16 stating that the previously filed pleading
was timely filed, the date the pleading was originally sent to the
Commission, and by what means. For this purpose only, the original
pleadings will be considered timely filed if they were mailed on or
prior to the due date.

2\. Section 1.106 is amended by adding at the end of 1.106(f):

**1.106 Petitions for Reconsideration.**

\*\*\*\*\*\*

\(f\) \*\*\*\*\*\*

Note: Due to the emergency events in Washington, D.C. resulting in the
interruption of regular mail delivery, until further notice, petitions
for reconsideration that are filed in connection with final Commission
action on requests for review pursuant to sections 54.719-54.725, may be
filed electronically via either electronic mail or facsimile in
accordance with the procedures set forth in amended rule 1.4 (f).

3\. Section 1.115 is amended by adding at the end of 1.115(d):

**1.115 Application for review of action taken pursuant to delegated
authority.**

\*\*\*\*\*\*

\(d\) \*\*\*\*\*\*

Note: Due to the emergency events in Washington, D.C. resulting in the
interruption of regular mail delivery, until further notice,
applications for review that are filed in connection with final
Commission action on requests for review pursuant to sections
54.719-54.725, shall be filed within 60 days from the date of public
notice of the final Commission action as that date is defined in section
1.4(b), and may be filed electronically via either electronic mail or
facsimile in accordance with the procedures set forth in amended rule
1.4 (f). The 60 day period shall be applied to pleadings that were
required to be filed on or after September 12, 2001 and that were or are
received by the Commission on or after September 12, 2001 in accordance
with the procedures set forth in amended rule 1.4(f).

Part 54 of Title 47 of the Code of Federal Regulations is amended as
follows:

1\. Section is amended by adding at the end of section 54.720(e):

**54.720 Filing Deadlines.**

\*\*\*\*\*\*

\(e\) \*\*\*\*\*\*

Note: Due to the emergency events in Washington, D.C. resulting in the
interruption of regular mail delivery, until further notice, requests
for review pursuant to sections 720(a), (b), (c), or (d) shall be filed
within 60 days from the date of the issuance of the relevant decision,
and may be filed electronically via either electronic mail or facsimile
in accordance with the procedures set forth in amended rule 1.4 (f). The
60 day period shall be applied to pleadings that were required to be
filed on or after September 12, 2001 and that were or are received by
the Commission on or after September 12, 2001 in accordance with the
procedures set forth in amended rule 1.4(f).

[^1]: The affected requests for review include requests for waiver that
    are filed pursuant to 47 C.F.R. §§ 54.719 -- 54.725.

[^2]: We amend our rules without notice and comment pursuant to section
    553(b)(B) of the Administrative Procedure Act, 5 U.S.C. 553(b)(B).
    We find that notice and public procedure are impractical and
    contrary to the public interest, because of the need to respond
    rapidly to the disruptions in mail service.

[^3]: 47 C.F.R. §§ 54.719(c), 54.720(a).

[^4]: 47 C.F.R. §§ 54.719(a), 54.720(b).

[^5]: 47 C.F.R. §§ 54.719(c), 54.720(a).

[^6]: 47 U.S.C. § 405; 47 C.F.R. §§ 1.106(f), 1.115(d).

[^7]: We exclude petitions for reconsideration, which must, by statute,
    be filed within 30 days. *See* 47 U.S.C. § 405(a).

[^8]: Thus, any request for review or application for review arising
    from proceedings pursuant to sections 54.719 through 54.725, 47
    C.F.R. §§ 54.719-54.725, that was required to be filed on or before
    September 10 under the 30 day filing period will still be subject to
    the 30 day filing period. We note that, because Commission offices
    were closed on September 11, 2001, documents that would otherwise
    have been due on that date were not due until September 12, 2001,
    pursuant to 47 C.F.R. § 1.4(e)(1). *See* Public Notice, Federal
    Communications Commission Closes Offices (rel. September 12, 2001).
    Thus, documents that would have been due on September 11, 2001 are
    also subject to the 60-day period. We further note that, to the
    extent that a party is unsure of whether the Commission has received
    its pleading, that party may refile as described in paragraph 5,
    *infra*.

[^9]: We note that, as an alternative means of avoiding the current
    disruptions to regular mail service and assuring rapid receipt of
    pleadings, parties may submit their pleadings by overnight delivery
    services, *i.e.,* other than U.S. Postal Service Express and
    Priority Mail, to Office of the Secretary, 445 12^th^ Street, S.W.,
    Washington, D.C. 20024, or by hand delivery to our Capital Heights
    facility, 9300 East Hampton Drive, Capitol Heights, Maryland, 20743,
    in accordance with the terms of our earlier October 17 and October
    18, 2001 public notices. *See* *Public Notice*, "FCC Announces
    Change in Filing Location for Paper Documents," DA 01-2436 (rel.
    October 17, 2001); *Public Notice*, "FCC Announces Changes In Filing
    Procedures," DA 01-2430 (rel. October 17, 2001; *Public Notice*,
    "Clarification on FCC's Announced Changes in Filing Procedures," DA
    01-2451 (rel. October 18, 2001).

[^10]: Pleadings submitted by electronic mail will be considered filed
    on a business day if they are received at the Commission at any time
    up to 12:00 a.m. Pleadings received after that time will be
    considered received on the next business day. Similarly, facsimile
    transmissions will be considered filed on a business day if the
    complete transmission is received by any time up to 12:00 a.m.

[^11]: We emphasize that parties may only take advantage of the refiling
    option within the 30 day period. Pleadings that are refiled outside
    the period, even in cases where the original pleadings are never
    received by the Commission, will be treated as new submissions filed
    on the date that they are received at the Commission.

[^12]: We amend our rules without notice and comment pursuant to section
    553(b)(B) of the Administrative Procedure Act, 5 U.S.C. § 553(b)(B).
    *See* *supra*, n.2. We are making the rule changes effective upon
    publication in order to respond to the disruptions in mail service.
    5 U.S.C. § 553(d)(3).