[Federal Register Volume 62, Number 76 (Monday, April 21, 1997)]
[Proposed Rules]
[Pages 19247-19252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9913]


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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.

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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 <SUP>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. <SUP>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.
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    \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.
    \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.
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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

[[Page 19248]]

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, <<a href="/cdn-cgi/l/email-protection#d5b3b6b6bcbbb3ba95b3b6b6fbb2baa3"><span class="__cf_email__" data-cfemail="6e080d0d070008012e080d0d40090118">[email protected]</span></a>>, 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. <SUP>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 <SUP>4 
and the America's Carriers Telecommunication Association (ACTA) 
petition on Internet telephony. <SUP>5 In one recent proceeding, 
dealing with implications of Internet services for the public switched 
telephone network, <SUP>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.
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    \3\ Report on Creating an FCC for the Information Age, Special 
Counsel to the FCC for Reinventing Government, Public Notice 51978 
(February 2, 1995).
    \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.
    \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.
    \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.
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    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. <SUP>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.
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    \7\ Improving Commission Processes, Notice of Inquiry, PP Docket 
No. 96-17, 11 FCC Rcd 14006 (1996).
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    5. We received numerous comments to our NOI. Virtually all of them 
advocated the expanded use of electronic filing in FCC proceedings. 
<SUP>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 <SUP>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.
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    \8\ See, e.g., GTE comments at 18; NECA comments at 2; SBC 
comments at 5; FCBA comments at 3-4.
    \9\ 47 U.S.C. Sec. 257.
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    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. <SUP>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.
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    \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.
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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. 
<SUP>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

[[Page 19249]]

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) <SUP>12 would serve the 
public interest.
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    \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.
    \12\ See footnote 2, supra, and para. 10, infra.
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    9. The FCC rules include specific requirements for comments filed 
in rulemaking proceedings and considered by the Commission. <SUP>13 
Comments that do not meet these filing requirements are treated as 
``informal'' comments. <SUP>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. <SUP>15
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    \13\ See, e.g., 47 CFR Secs. 1.49, 1.419.
    \14\ 47 CFR Sec. 1.419(b).
    \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.
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    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, <SUP>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. <SUP>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.
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    \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.
    \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.
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    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, <SUP>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

[[Page 19250]]

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.
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    \18\ We have proposed revisions to Section 1.419 to adapt that 
rule to electronic filings.
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    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.<SUP>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.
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    \19\ See, e.g., Commission Taking Tough Measures Against 
Frivolous Pleadings, Public Notice, FCC 96-42, 11 FCC Rcd. 3030 
(1996).
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    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.<SUP>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.
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    \20\ 47 CFR Sec. 1.7.
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    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.<SUP>21 We seek comment on these proposals.
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    \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.
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    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

[[Page 19251]]

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 
<<a href="/cdn-cgi/l/email-protection#4d24393e121224232e0d2435632328392e2220632e2220"><span class="__cf_email__" data-cfemail="c5acb1b69a9aacaba685acbdebaba0b1a6aaa8eba6aaa8">[email protected]</span></a>>. 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.
* * * * *

[[Page 19252]]

    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]
BILLING CODE 6712-01-P


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