Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 /Rules and Regulations 24121

2. On page 64741, in column 2, line

9 of the document is corrected to read;

Final rule; petitions for reconsideration.

3. On page 64756, in column 2, add

the following sentence before the final

sentence of § 63.18(e)(4)(ii)(A):

§ 63.18 Contents of applications for

international common carriers.

* * * * *

(e) * * *

(4) * * *

(ii) * * *

(A) * * * Except as provided in

paragraph (e)(4)(ii)(B) of this section,

any carrier that seeks to provide

international switched basic services

over its authorized private line facilities

between the United States and a nonWTO Member country for which the

Commission has not previously

authorized the provision of switched

services over private lines shall

demonstrate that settlement rates for at

least 50 percent of the settled U.S.-billed

traffic between the United States and

the country at the foreign end of the

private line are at or below the

benchmark settlement rate adopted for

that country in IB Docket No. 96–261

and that the country affords resale

opportunities equivalent to those

available under U.S. law.* * *

Federal Communications Commission.

Magalie Roman Salas,

Secretary

[FR Doc. 98–11615 Filed 4–30–98; 8:45 am]

BILLING CODE 6712–01–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 0 and 1

[GC Docket No. 97–113; FCC 98–56]

Electronic Filing of Documents in

Rulemaking Proceedings

AGENCY: Federal Communications

Commission.

ACTION: Final 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

expanding the use of electronic filing in

FCC proceedings. The Commission is

amending its rules to permit the filing

of pleadings and comments in

rulemaking proceedings (except

broadcast allotment proceedings),

petitions for rulemaking (except in

broadcast allotment proceedings),

pleadings in Notice of Inquiry

proceedings, and petitions for

reconsideration and all responsive

pleadings in these proceedings,

including ex parte presentations and

summaries or oral ex parte presentations

in these 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

streamline and improve the

Commission’s decision making

processes.

EFFECTIVE DATE: June 30, 1998.

FOR FURTHER INFORMATION CONTACT:

Legal information: Laurence H.

Schecker, Office of General Counsel,

202–418–1720; Technical information:

Sheryl Segal, Office of Public Affairs,

202–418–0265.

SUPPLEMENTARY INFORMATION:

1. In this Order, we amend parts 0 and

1 of our Rules to allow parties to file

comments and other pleadings

electronically via the Internet in FCC

informal notice and comment

rulemaking proceedings conducted

under section 553 of the Administrative

Procedure Act, 5 U.S.C. 553, except for

broadcast allotment proceedings. We

will also permit the electronic filing of

all pleadings and comments in

proceedings involving petitions for

rulemaking (except in broadcast

allotment proceedings) and Notice of

Inquiry proceedings (NOIs). We will

evaluate the new rules and assess the

operation of the system as we gain

experience to determine whether there

is any need to make modifications, and

whether it is feasible to expand further

the applicability of the system beyond

rulemaking-related proceedings and

possibly ultimately to require electronic

filing. The electronic comment filing

system (ECFS) is now operational and

can be used to file comments

electronically in individual proceedings

designated by the Commission. When

the rule changes adopted in this order

go into effect, the ECFS may be used for

electronic filing of comments as

specified in this order. It is anticipated

that the transition to the ECFS as the

official system of record will be

completed by July 1998. A Public Notice

will be issued at that time.

2. Formal Status of Electronically

Filed Comments. Every commenting

party supported the concept of

electronic filing of comments in

rulemaking proceedings. We believe

that the electronic transmission of

comments to the Commission will make

it easier for the public to participate in

our proceedings, encouraging greater

and more diverse public input. This

procedure may well reduce the cost of

filing comments, because parties will no

longer have to file multiple paper copies

and arrange for mailing or messenger

delivery if the party to be served agrees

to be served electronically. The ECFS

will automatically catalogue all of the

comments, making it easier to review

comments. Electronic comment filing

will also make it easier for people with

disabilities to participate in our

proceedings. As the National

Association of the Deaf observed, the

deaf and hard of hearing community

relies on the Internet as an important

form of communication, and the various

costs and complications of filing

comments on paper has often prevented

these individuals from sharing their

views with the Commission.

Furthermore, this procedure will allow

for the on-line review of comments filed

with the Commission by the staff and by

the public. We believe that increased

public participation in our decision

making process will allow us to

consider a broader range of opinions

and input, improving our decision

making process. For all these reasons,

we strongly encourage the public to use

the ECFS system.

3. We note that for now electronic

filing procedures will be used in general

rulemaking proceedings. The procedure

will not be available for rules of

‘‘particular applicability’’ (e.g., tariff

investigations) unless the Commission

has specifically permitted such filings

in those types of proceedings. Further,

electronic filing may be used in general

rulemaking proceedings even when the

Commission has dispensed with the use

of notice and comment procedures

under the Administrative Procedure

Act’s exceptions. In such rulemaking

proceedings, electronic filing could be

used for petitions for reconsideration,

for example.

4. The choice of the Internet as the

filing mechanism generally was

supported by the commenting parties,

although some commenters questioned

whether bandwidth limitations might

affect the use of the Internet. Bandwidth

is not an issue here because documents

will be transmitted to us electronically

and even large documents will not be of

a size to hamper downloading. Our

technical staff is working to ensure that

the public easily be able to gain access

to and use the ECFS. Some commenters

made specific suggestions for the

electronic filing interface and

recommended that changes to the

‘‘quickstart’’ interface be made available

for public testing. We are reviewing

these suggestions and the final ECFS

instructions will explain the

Commission’s interface choices. Input

from the public and FCC staff on the

ECFS interface is important, and we will
24122 Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 /Rules and Regulations

implement periodic reviews to consider

changes to the system in the future.

5. As we have noted, we strongly

encourage the public to utilize the ECFS

system to file comments electronically.

However, the public may continue to

file comments by traditional means, on

paper. We will treat comments filed on

paper and comments filed electronically

the same. If a party files its comments

electronically, there is no need to file a

paper version of the document, and we

discourage parties from filing both

electronically and on paper. If both

electronic and paper versions are filed,

we will treat the electronic version as

the original, official copy, and one paper

copy should be filed. Electronic

comments that are received before the

applicable deadline and 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.

6. Extension to Other Related

Proceedings. We agree with commenters

that electronic filing should be

permitted for petitions for rulemaking

(except in broadcast allotment

proceedings), pleadings in NOIs, and

petitions for reconsideration and all

responsive pleadings in the foregoing

proceedings and rulemaking

proceedings (except broadcast allotment

proceedings). We see no reason to phase

in these additions to our electronic

comment filing initiative over time. We

will amend our rules accordingly. In the

future, after the Commission and the

public has had experience with the

ECFS system, we anticipate adding

other types of pleadings and documents

to the electronic filing system and

moving toward an all-electronic filing

system.

7. Signatures. Extension of the ECFS

to proceedings other than rulemaking

proceedings, we might have to amend

the signature rule, 47 CFR 1.52, which

requires that ‘‘[t]he original of all

petitions, motions, pleadings, briefs,

and other documents filed’’ by counsel

or by any party not represented by

counsel must be signed. For example, in

rulemaking proceedings, petitions for

reconsideration, oppositions, and

replies must conform to § 1.52, 47 CFR

1.52. One commenter asserted that filing

electronically results in the lack of a

traceable signature. The only other

parties commenting on this question

simply referred to electronic signatures

as part of their discussion of security

measures. Sections 1.743(e) and 1.913(e)

of our rules, 47 CFR 1.743(e) and

1.913(e), currently permit electronic

signatures for certain applications.

Under these rules, ‘‘the signature on an

electronically filed application will

consist of the electronic equivalent of

the typed name of the individual.’’ We

believe these procedures can be applied

to documents filed electronically

through the ECFS, and we will amend

§ 1.52 of our rules, 47 CFR 1.52, to

define electronic signatures similarly for

documents filed in this manner.

8. Ex Parte Submissions. We agree

that the ECFS can be used for

summaries of permissible ex parte

presentations in rulemaking

proceedings (except broadcast allotment

proceedings). If a party is filing a notice

for the record summarizing an oral ex

parte meeting in a permit-but-disclose

rulemaking, it may do so electronically

or on paper. In proceedings in which

electronic filing is permitted, paper

filings will also be scanned into the

system. The summaries of ex parte

presentations will be available to all

Commissioners and Commission staff

via the FCC’s Internet. In addition, the

ECFS will, on a daily basis, generate a

listing of all documents filed

electronically or scanned into the ECFS

which will be provided to the

Commissioners, Bureaus, and Offices.

Thus, Commission employees involved

in oral ex parte presentations will

receive notice of or and have immediate

access to copies of the summaries of oral

ex parte presentations. In view of this,

in proceedings in which electronic

filing is permitted, we are modifying the

current requirement in

§ 1.1206(b)(2) of our rules, 47 CFR

1.1206(b)(2), that persons making oral

ex parte presentations must submit

copies of the summary of the

presentation to the Commissioner or

Commission employee involved in the

oral presentation. Written ex parte

presentations in these proceedings can

be filed electronically, or, if filed on

paper, will be scanned into the system

by Commission personnel. We note that

we are permitting electronic filings in

NOIs and petition for rulemaking

proceedings (except broadcast allotment

proceedings). These proceedings are

exempt for purposes of ex parte filing

rules. In addition, ex parte comments

will be able to be filed electronically in

these proceedings, as Bell Atlantic/

NYNEX suggests. We will reassess the

electronic filing of summaries of ex

parte presentations as we gain more

experience with the ECFS system.

9. Security. The FCC’s Internet servers

are protected by a ‘‘firewall’’ that

prevents outside users from gaining

access to our internal data. The ECFS

has been designed to work with the

firewall to keep the master database of

comments secure. Security measures

make it more difficult for members of

the public to use electronic filing. A

major goal of the ECFS is to make it

easier to file information with, and

retrieve information from, the FCC.

Unlike specialized FCC activities,

rulemakings are open to all members of

the public. Currently, we have no

special security checks for paper filings.

Anyone could mail or hand-deliver a set

of paper comments claiming to be a

certain party, and the Commission

would have to rely on the real party to

identify the ‘‘imposter’’ comments. The

same standards should work just as well

for electronic comments. We note that

in proceedings in which electronic

filing has been permitted thus far, we

have encountered no problems. We have

adequate measures in place to deal with

abusive or frivolous filings. We will not

take further steps at this time, because

we agree with commenting parties that

such instances can be addressed on a

case-by-case basis.

10. Submission of materials through

the ECFS will post them to the World

Wide Web. We anticipate that parties

submitting confidential materials (either

those presumptively confidential or

those for which the party seeks

confidentiality) will continue to do so

on paper. It is administratively difficult

to deal with confidentiality requests in

the rulemaking context because of the

large number of parties typically

involved.

11. Filing Deadline Issues. We

proposed, at least initially, to keep the

same filing deadline (5:30 p.m. eastern

time) for electronic comments as we

currently have for paper comments.

Some commenters agree that we should

retain the status quo. Other commenters

suggested that because the ECFS will be

accessible 24 hours a day through the

Internet, the filing deadline should be

pushed back until midnight. Other

parties indicated that the date and time

electronic comments are received by the

Commission, whenever that occurred,

should govern, that is, comments would

be received at all times but if received

after 5:30 p.m. on a business day, would

be deemed to be filed the next business

day. Electronic filing makes it

technically possible for us to extend our

filing deadline later in the day, and we

wish to encourage electronic filing. We

will therefore permit electronic

comments filed via the ECFS to be made

until midnight of the date due. Our

rules will be amended accordingly. We

note that a time stamp mechanism so

that the filing date of each comment can

be confirmed has already been built into

the ECFS, along with automatic

notification to the commenter of the

official filing date and time.
Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 /Rules and Regulations 24123

12. Extensions of Time. We will

amend our rules (47 CFR 0.231(i)) to

delegate to the Secretary authority to

grant requests for extensions of time

based on operational or congestion

problems in appropriate circumstances.

We will reassess these procedures after

we have had some experience to

determine whether congestion and

outages are likely to be a significant

problem.

13. Formatting and Copy Issues. The

ECFS has been designed to accept

filings created in the following major

word processing formats—Microsoft

Word, WordPerfect, Adobe Acrobat, and

ASCII text—as well as Microsoft Excel

for spreadsheets. These formats

represent the overwhelming majority of

the market today, and virtually every

other word processor will export files in

these formats. For viewing and printing,

the ECFS will automatically convert

files into Adobe Acrobat Portable

Document Format (PDF) so that users

can access the formatted files even if

they do not have the word processor

used to create the document. The ECFS

documentation and on-line help will

specify the acceptable formats. We

encourage electronic filers to utilize

sufficiently large fonts to ensure ease of

reading documents. Over time, as users’

needs change and technology advances,

we will consider adding additional file

formats if technically feasible. Because

an earlier version of Microsoft Internet

Explorer did not support a specific

technical feature necessary for

uploading files into the FCC’s database

system, the quickstart system in use for

the past months only allowed uploading

using Netscape Navigator. Microsoft has

since added the necessary feature in the

current version of Internet Explorer

(4.0), which is free to the public, so the

final ECFS implementation will support

both the major browsers. We anticipate

that other browsers will be able to use

the system, and will work to include

necessary features as needed.

Documentation for the ECFS will

provide users with additional

information on compatible software.

14. Non-electronic attachments to

electronic filings should be filed the

same day as the electronic filing. We

encourage parties to scan their

attachments as PDF files and submit

them electronically. If parties cannot do

so, we will attempt to scan the nonelectronic portion of the filing into the

ECFS. If it is not possible to scan the

materials, the party submitting such

material should reference it in the

pleading and the materials will be

included in the record. Documents filed

electronically should be self-contained.

No hyperlinks to other sites on the

Internet will be permitted in

electronically-filed documents. To allow

hyperlinks would permit parties to

expand, perhaps endlessly, the

materials submitted to us for

consideration. It also could conceivably

result in linkage to inappropriate sites.

We will, however, consider this issue as

part of our evaluation of the ECFS.

15. We prefer that parties utilize the

ECFS system, but paper filings can

continue to be made accompanied by

diskettes. As the system matures, we

will consider whether a bulletin board

system should be added and whether

acceptance of CD–ROM is advisable.

16. The ECFS is designed to convert

automatically all filings into Adobe

Acrobat (PDF) format. PDF preserves

document formatting and pagination

when viewed on different systems,

although in some cases there may be

slight differences between the paper and

on-line version. Because there may be

deviations from the paper and on-line

versions, a word limit makes sense,

since all major word processors include

a word count feature. Also, this

measurement is more consistent than

file size, which may vary with the word

processor and may change during

electronic transmission. One doublespaced page is roughly 250 words.

Therefore, we will modify our rules to

allow either a maximum number of

pages or a maximum number of words

(calculated at 250 words per page). We

encourage parties filing on paper to

number their paragraphs. However, we

will not require paragraph numbering

and failure to include paragraph

numbers will not be a reason for us to

disregard a comment.

17. Because electronic submissions

will be available simultaneously to the

staff via the FCC Intranet, there is no

need for filing multiple copies. Only

one official copy of an electronic filing

is necessary, unless the Commission has

specified that additional electronic

copies must be filed, and we will amend

our rules accordingly. Commission staff

will handle internal distribution of

documents if such distribution is

required. However, we do not anticipate

this will be necessary because the ECFS

provides all Commission staff, including

the Commissioners, with almost

immediate access to pleadings filed

electronically. As we previously noted,

the ECFS will also generate on a daily

basis a listing of documents filed

electronically with or scanned into the

system. This listing will be distributed

to all Commissioners, Bureaus, and

Offices. The ECFS thus makes it

unnecessary for parties to provide

courtesy copies of pleadings directly to

Commissioners, Bureaus, and Offices.

Although we will not prohibit courtesy

filings, we strongly discourage the filing

of excessive copies of documents. If a

party wishes to make the additional

effort and expenditure of providing one

courtesy copy of a pleading directly to

a Commissioner, Bureau, or Office, they

may do so. Courtesy copies, however,

may only be provided on paper. Parties

must mark such copies ‘‘Courtesy Copy’’

on the title page to avoid confusion as

to whether a document is an original or

copy. We will continue regularly to

reassess our internal distribution

methods as we gain more experience

with this system.

18. The ECFS was designed to allow

an FCC staff person to verify comments

after they have been filed electronically

and before they are made available for

viewing and downloading by the public

through the Internet. This intermediate

step is designed to ensure that parties

have provided essential information,

such as the docket number. Paper

documents must still be scanned into

the system, as with the current RIPS

system, which will take slightly longer

for them to be available electronically.

In addition, determinations may need to

be made as to whether a pleading is late

filed, ex parte, confidential

correspondence, or filed within the

Sunshine Period. Other than these

processing steps, electronicallysubmitted comments can be made

available to the public immediately after

filing. It seems reasonable to commit to

having comments available on-line

through the FCC’s World Wide Web site

for downloading the day after the filing

deadline (except materials that must be

scanned into the ECFS or in

extraordinary cases), and we will

endeavor to do so. Some parties ask that

comments be available from the

Commission’s copy contractor by 8:30

a.m. following the filing deadline. This

would seem to be an overly stringent

standard. The copy contractor will

receive an electronic mail notification

list of all filings at the same time as the

Bureaus and copies will be available as

soon as they are processed by the

Secretary’s Office.

19. In some cases, parties must serve

copies of their filings on all other

participants in a proceeding.

Specifically, in rulemaking proceedings,

oppositions to petitions for

reconsideration and replies to such

oppositions must be served on certain

parties. Commenters generally agreed

that, even when comments were filed

electronically with the FCC, service on

other parties would have to be on paper

unless those parties stated that they

would accept electronic service. A party

must agree to accept electronic service
24124 Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 /Rules and Regulations

at their premises before service may be

accomplished in that manner. We are

exploring adding a field on the ECFS to

allow parties to check whether they will

accept electronic service. In the

meantime, parties should indicate their

willingness to accept electronic filing in

their pleadings. We may explore other

approaches in the future, but it is

important to gain experience with the

practice of electronic filing before

attempting to do so. When parties agree

to electronic service, service in that

manner will be considered the same as

facsimile service. We will amend the

rule accordingly.

20. Final Regulatory Flexibility Act

Certification. We previously certified

that the proposed rules ‘‘[would] not, if

promulgated, have a significant

economic impact on a substantial

number of small entities.’’ No comments

were received concerning this

certification. 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 adopt

here will make it somewhat easier for

small entities as well as others that wish

to file and review comments

electronically to do so. Accordingly, we

certify that the rules will not have a

significant economic impact on a

substantial number of small entities. In

addition, the Office of Public Affairs,

Reference Operations Division, shall

send a copy of this Report and Order,

including this certification, to the Chief

Counsel for Advocacy of the Small

Business Administration.

21. Accordingly, it is ordered that

pursuant to sections 4(i), 4(j), and 303(r)

of the Communications Act of 1934, as

amended, 47 U.S.C. 154(i), 154(j), and

303(r), Parts 0 and 1 of the

Commission’s Rules are amended as set

forth in the Rule Changes below.

List of Subjects

47 CFR Part 0

Organization and functions

(Government agencies).

47 CFR Part 1

Administrative practice and

procedure.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

Parts 0 and 1 of Title 47 of the Code

of Federal Regulations are 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 0.231 is amended by

revising paragraph (i) to read as follows:

§ 0.231 Authority delegated.

* * * * *

(i) The Secretary, acting under the

supervision of the Managing Director,

serves as the official custodian of the

Commission’s documents and shall

have authority to appoint a deputy or

deputies for the purposes of custody

and certification of documents located

in Gettysburg, Pennsylvania or other

established locations. The Secretary is

delegated authority to rule on requests

for extensions of time based on

operational problems associated with

the Commission’s electronic comment

filing system. See § 1.46 of this chapter.

3. Section 0.401 is amended by

adding paragraph (a)(1)(iii) to read as

follows:

§ 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

4. The authority citation for part 1

continues to read as follows:

Authority: 15 U.S.C. 79 et seq.: 47 U.S.C.

151, 154(i), 154(j), 155, 225, and 303(r).

5. Section 1.4 is amended by revising

paragraph (f) and the text of paragraph

(h) preceding the examples to read as

follows:

§ 1.4 Computation of time.

* * * * *

(f) Except as provided in § 0.401(b) of

this chapter, all petitions, pleadings,

tariffs or other documents not required

to be accompanied by a fee and which

are hand-delivered must be tendered for

filing in complete form before 5:30 p.m.

in the Office of the Secretary, either in

Washington or Gettysburg, as directed

by § 0.401(b) of this chapter. The

Secretary will determine whether a

tendered document meets the pre-5:30

deadline. Documents filed electronically

pursuant to § 1.49(f) must be received by

the Commission’s electronic comment

filing system before midnight.

* * * * *

(h) If a document is required to be

served upon other parties by statute or

Commission regulation and the

document is in fact served by mail (see

§ 1.47(f)), and the filing period for a

response is 10 days or less, an

additional 3 days (excluding holidays)

will be allowed to all parties in the

proceeding for filing a response. This

paragraph (h) shall not apply to

documents filed pursuant to § 1.89,

§ 1.120(d), § 1.315(b) or § 1.316. For

purposes of this paragraph (h) service by

facsimile or by electronic means shall be

deemed equivalent to hand delivery.

6. Section 1.46 is amended by revising

paragraphs (b) and (c) to read as follows:

§ 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 rule

making 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.

7. Section 1.47 is amended by revising

paragraph (d) to read as follows:

§ 1.47 Service of documents and proof of

service.

* * * * *
Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 /Rules and Regulations 24125

(d) Except in formal complaint

proceedings against common carriers

under §§ 1.720 through 1.736,

documents may be served upon a party,

his attorney, or other duly constituted

agent by delivering a copy or by mailing

a copy to the last known address. See

§ 1.736. 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.

* * * * *

8. Section 1.49 is amended by revising

paragraph (a) and adding new paragraph

(f) preceeding the note at the end of the

section to read as follows:

§ 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 81⁄2 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 91⁄2 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 singlespaced 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, 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)(1) In the following types of

proceedings, all pleadings, including

permissible ex parte submissions,

notices of ex parte presentations,

comments, reply comments, and

petitions for reconsideration and replies

thereto, may be filed in electronic

format:

(i) General rulemaking proceedings

other than broadcast allotment

proceedings;

(ii) Notice of inquiry proceedings; and

(iii) Petition for rulemaking

proceedings (except broadcast allotment

proceedings).

(2) For purposes of paragraphs (b) and

(c) of this section, and any prescribed

pleading lengths, the length of any

document filed in electronic form shall

be equal to the length of the document

if printed out and formatted according

to the specifications of paragraph (a) of

this section, or shall be no more that 250

words per page.

* * * * *

9. Section 1.51 is amended by revising

paragraph (e) to read as follows:

§ 1.51 Number of copies of pleadings,

briefs and other papers.

* * * * *

(e) The parties to any proceeding may,

on notice, be required to file additional

copies of any or all filings made in that

proceeding.

10. Section 1.52 is revised to read as

follows:

§ 1.52 Subscription and verification.

The original of all petitions, motions,

pleadings, briefs, and other documents

filed by any party represented by

counsel shall be signed by at least one

attorney of record in his individual

name, whose address shall be stated. A

party who is not represented by an

attorney shall sign and verify the

document and state his address. Either

the original document, or an electronic

reproduction of such original document

containing the facsimile signature of the

attorney or unrepresented party is

acceptable for filing. If a facsimile copy

of a document is filed, the signatory

shall retain the original until the

Commission’s decision is final and no

longer subject to judicial review. If

pursuant to § 1.429(h) a document is

filed electronically, a signature will be

considered any symbol executed or

adopted by the party with the intent that

such symbol be a signature, including

symbols formed by computer-generated

electronic impulses. Except when

otherwise specifically provided by rule

or statute, documents signed by the

attorney for a party need not be verified

or accompanied by affidavit. The

signature or electronic reproduction

thereof by an attorney constitutes a

certificate by him that he has read the

document; that to the best of his

knowledge, information, and belief

there is good ground to support it; and

that it is not interposed for delay. If the

original of a document is not signed or

is signed with intent to defeat the

purpose of this section, or an electronic

reproduction does not contain a

facsimile signature, it may be stricken as

sham and false, and the matter may

proceed as though the document had

not been filed. An attorney may be

subjected to appropriate disciplinary

action, pursuant to § 1.24, for a willful

violation of this section or if scandalous

or indecent matter is inserted.

11. Section 1.401 is amended by

revising paragraph (b) to read as follows:

§ 1.401 Petitions for rulemaking.

* * * * *

(b) The petition for rulemaking shall

conform to the requirements of §§ 1.49,

1.52 and 1.419(b) (or § 1.420(e), if

applicable), and shall be submitted or

addressed to the Secretary, Federal

Communications Commission,

Washington, DC 20554, or (except in

broadcast allotment proceedings) may

be submitted electronically.

* * * * *

12. Section 1.403 is revised to read as

follows:

§ 1.403 Notice and availability

All petitions for rule making (other

than petitions to amend the FM,

Television, and Air-Ground Tables of

Assignments) meeting the requirements

of § 1.401 will be given a file number

and, promptly thereafter, a ‘‘Public

Notice’’ will be issued (by means of a

Commission release entitled ‘‘Petitions

for Rule Making Filed’’) as to the

petition, file number, nature of the

proposal, and date of filing. Petitions for

rule making are available at the

Commission’s Dockets Reference Center

(1919 M Street NW., Room 239,

Washington, DC), and may also be

available electronically over the Internet

at <http://www.fcc.gov/>.

13. Section 1.419 is amended by

adding new paragraphs (d) and (e) to

read as follows:

§ 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,
24126 Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 /Rules and Regulations

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.

14. Section 1.429 is amended by

revising paragraphs (d), (e), (f), (g) and

(h) to read as follows:

§ 1.429 Petitions for reconsideration.

* * * * *

(d) The petition for reconsideration

and any supplement thereto shall be

filed within 30 days from the date of

public notice of such action, as that date

is defined in § 1.4(b). No supplement to

a petition for reconsideration filed after

expiration of the 30 day period will be

considered, except upon leave granted

pursuant to a separate pleading stating

the grounds for acceptance of the

supplement. The petition for

reconsideration shall not exceed 25

double-spaced typewritten pages. See

also § 1.49(f).

(e) Except as provided in § 1.420(f),

petitions for reconsideration need not be

served on parties to the proceeding.

(However, where the number of parties

is relatively small, the Commission

encourages the service of petitions for

reconsideration and other pleadings,

and agreements among parties to

exchange copies of pleadings. See also

§ 1.47(d) regarding electronic service of

documents.) When a petition for

reconsideration is timely filed in proper

form, public notice of its filing is

published in the Federal Register. The

time for filing oppositions to the

petition runs from the date of public

notice. See § 1.4(b).

(f) Oppositions to a petition for

reconsideration shall be filed within 15

days after the date of public notice of

the petition’s filing and need be served

only on the person who filed the

petition. See also § 1.49(d). Oppositions

shall not exceed 25 double-spaced

typewritten pages. See § 1.49(f).

(g) Replies to an opposition shall be

filed within 10 days after the time for

filing oppositions has expired and need

be served only on the person who filed

the opposition. Replies shall not exceed

10 double-spaced typewritten pages. See

also § 1.49(d) and § 1.49(f).

(h) Petitions for reconsideration,

oppositions and replies shall conform to

the requirements of §§ 1.49 and 1.52,

except that they need not be verified.

Except as provided in § 1.420(e), an

original and 11 copies shall be

submitted to the Secretary, Federal

Communications Commission,

Washington, D.C. 20554. Parties filing in

electronic form need only submit one

copy.

* * * * *

15. Section 1.1206 is amended by

revising paragraphs (b)(1) and (b)(2)

preceeding Note 1 to read as follows:

§ 1.1206 Permit-but-disclose proceedings.

* * * * *

(b) * * *

(1) Written presentations. A person

who makes a written ex parte

presentation subject to this section

shall, no later than the next business

day after the presentation, submit two

copies of the presentation to the

Commission’s secretary under separate

cover for inclusion in the public record.

The presentation (and cover letter) shall

clearly identify the proceeding to which

it relates, including the docket number,

if any, shall indicate that two copies

have been submitted to the Secretary,

and must be labeled as an ex parte

presentation. If the presentation relates

to more than one proceeding, two copies

shall be filed for each proceeding.

Alternatively, in rulemaking

proceedings governed by § 1.49(f), the

person making the presentation may file

one copy of the presentation

electronically; no additional paper

copies need to be filed.

(2) Oral presentations. A person who

makes an oral ex parte presentation

subject to this section that presents data

or arguments not already reflected in

that person’s written comments,

memoranda or other filings in that

proceeding shall, no later than the next

business day after the presentation,

submit to the Commission’s Secretary,

an original and one copy of a

memorandum which summarizes the

new data or arguments. Except in

proceedings subject to § 1.49(f) in which

pleadings are filed electronically, a copy

of the memorandum must also be

submitted to the Commissioners or

Commission employees involved in the

oral presentation. In proceedings

governed by § 1.49(f), the person making

the presentation may, alternatively,

electronically file one copy of the

memorandum, which will be available

to Commissioners and Commission

employees involved in the presentation

through the Commission’s electronic

comment filing system. Memoranda

must contain a summary of the

substance of the ex parte presentation

and not merely a listing of the subjects

discussed. More than a one or two

sentence description of the views and

arguments presented is generally

required. The memorandum (and cover

letter) shall clearly identify the

proceeding to which it relates, including

the docket number, if any, shall indicate

that an original and one copy have been

submitted to the Secretary or that one

copy has been filed electronically, and

must be labeled as an ex parte

presentation. If the presentation relates

to more than one proceeding, two copies

of the memorandum (or an original and

one copy) shall be filed for each

proceeding.

* * * * *

[FR Doc. 98–10310 Filed 4–30–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[CC Docket No. 92–297; RM–7872; PP–22

et al.; FCC 98–71]

Dismissal of All Pending Pioneer’s

Preference Requests; Review of the

Pioneer’s Preference Rules

AGENCY: Federal Communications

Commission.

ACTION: Final rule; denial of petition for

reconsideration.

SUMMARY: By this action, the

Commission denies a petition for

reconsideration filed by QUALCOMM

Incorporated. QUALCOMM contends

that the Commission is obligated to

consider on its merits QUALCOMM’s

request for a pioneer’s preference in the

2 GHz broadband Personal

Communications Service (PCS).

However, the Commission affirms that it

no longer has the authority to award

pioneer’s preferences because the

Balanced Budget Act of 1997 (Budget

Act) terminated the pioneer’s preference

program. The intended effect of this

action is to affirm the Commission’s

previous Order, which formally

terminated the pioneer’s preference

program and dismissed all pending

pioneer’s preference requests.

EFFECTIVE DATE: May 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Rodney Small, Office of Engineering

and Technology, (202) 418–2452;

internet: rsmall@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Memorandum Opinion and Order

(MO&O) adopted April 16, 1998, and

released April 23, 1998. The full text of

this Commission decision is available

for inspection and copying during

regular business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision also may

be purchased from the Commission’s

duplication contractor, International