[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Rules and Regulations]
[Pages 2554-2557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00596]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, 51, and 61

[MD Docket No. 17-357; FCC 17-159]


Closure of FCC Lockbox 979091 Used To File Fees, Tariffs, 
Petitions, and Applications for Services Related to the Wireline 
Competition Bureau

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) adopted an Order that closes Lockbox 979091 and modifies 
the relevant rule provisions of filing and making fee payments in lieu 
of closing the lockbox.

DATES: Effective on February 20, 2018.

FOR FURTHER INFORMATION CONTACT: Roland Helvajian, Office of Managing 
Director at (202) 418-0444.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
FCC 17-159, MD Docket No. 17-357, adopted on December 1, 2017 and 
released on December 18, 2017. The full text of this document is 
available for public inspection and copying during normal business 
hours in the FCC Reference Center (Room CY-A257), 445 12th Street SW, 
Washington, DC 20554, or by downloading the text from the Commission's 
website at http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0906/FCC-17-111A1.pdf.

I. Administrative Matters

A. Final Regulatory Flexibility Analysis

    1. Section 603 of the Regulatory Flexibility Act, as amended, 
requires a regulatory flexibility analysis in notice and comment 
rulemaking proceedings. See 5 U.S.C. 603(a). As we are adopting these 
rules without notice and comment, no regulatory flexibility analysis is 
required.

B. Final Paperwork Reduction Act of 1995 Analysis

    2. This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified information collection burden for small business 
concerns with fewer than 25 employees, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

C. Congressional Review Act

    3. The Commission will not send a copy of the Order pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the 
adopted rules are rules of agency organization, procedure, or practice 
that do not ``substantially affect the rights or obligations of non-
agency parties. See 5 U.S.C. 804(3)(C).

II. Introduction

    4. In the Order, we reduce expenditures by the Commission and 
modernize procedures by amending section 1.1105 of our rules, 47 CFR 
1.1105, which sets forth the application fee for petitions filed with 
the FCC's Wireline Competition Bureau (WCB), to reflect the closure of 
the post office (P.O.) Box \1\ used for manual filings with WCB. We 
require the use of an electronic payment system and, wherever possible, 
electronic filing. Consistent with this change, we also make conforming 
revisions to sections 0.401, 1.49, 1.51, 1.52, 1.742, 1.1105, 1.1111-
1.1113, 1.1119, 51.329(c)(2), 61.13, 61.14, 61.17(d), and 61.20(b) of 
the Commission's rules, to account for electronic filing of fees, 
tariffs, petitions, and applications with the WCB, as described more 
fully below.
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    \1\ A P.O. Box used for the collection of fees is referred to as 
a ``lockbox'' in our rules and other Commission documents. The FCC 
collects application processing fees using a series of P.O. Boxes 
located at U.S. Bank in St. Louis, Missouri. See 47 CFR 1.1101-
1.1109 (setting forth the fee schedule for each type of application 
remittable to the Commission along with the correct lockbox).
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    5. Section 1.1105 of the Commission's rules, 47 CFR 1.1105, has 
provided a schedule of processing fees for applications, tariffs, and 
petitions processed by the WCB. The rule had also directed filers, who 
do not utilize the Commission's on-line filing and fee payment systems, 
to send manual filings and payments to P.O. Box 979091 at U.S. Bank in 
St. Louis, Missouri.
    6. The Commission has reduced its use of P.O. Boxes for the 
collection of fees and encouraged the use of

[[Page 2555]]

electronic payment systems for all application and regulatory fees.\2\ 
We find that electronic payment of fees for applications, tariffs, and 
petitions processed by the WCB increases the agency's financial 
efficiency by reducing expenditures, including the annual fee for 
utilizing the bank's services as well as the cost to manually process 
each transaction, with little or no inconvenience to our regulatees, 
applicants and the public.\3\
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    \2\ The Commission previously revised its payment rules to 
encourage electronic payment of application processing fees and 
require electronic payment of regulatory fees. 47 CFR 1.1112 
(application fees) and 1.1158 (regulatory fees). These rules became 
effective November 30, 2015. 80 FR 66816 (Oct. 30, 2015). More 
recently, in 2017, we closed a lockbox account and modified the 
relevant rule provision that required payment of fees via the closed 
P.O. Box. Amendment of Part 1 of the Commission's Rules, MD Docket 
No. 17-123, Order, 32 FCC Rcd 4203 (2017), 82 FR 24560 (rel. May 9, 
2017) (modifying section 1.1109 of the Commission's rules to delete 
reference to P.O. Box 979092 at U.S. Bank in St. Louis, Missouri).
    \3\ See Treasury Financial Manual, Bulletin No. 2017-12, 
``Agency No-Cash or No-Check Policies,'' released on September 18, 
2017 (explaining the circumstances under which agencies may decide 
not to accept payments made in cash or by check), available at 
https://tfm.fiscal.treasury.gov/v1/bull/17-12.pdf (last visited 
October 18, 2017); see also https://www.gpo.gov/fdsys/pkg/FR-2011-06-16/pdf/2011-15181.pdf.
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    7. As part of this effort, we are now closing P.O. Box 979091 and 
modifying the relevant rule provisions that require payment of fees 
and/or processing of filings via the closed P.O. Box. Our action here 
to close this lockbox and require electronic payments for any WCB-
related fees, as well as encouraging the electronic filing of WCB-
related petitions and applications, has implications for existing 
Commission regulations other than section 1.1105. Thus, we also revise 
sections 0.401, 1.49, 1.51, 1.52, 1.742, 1.1111, 1.1112, 1.1113, 
1.1119, 51.329(c)(2), 61.13, 61.14, 61.17(d), and 61.20 of the 
Commission's rules. These additional rules are modified to eliminate 
references to P.O. Box 979091, encourage electronic filing of WCB 
related applications when practicable, and clarify where other filing 
rules only apply to paper filings to avoid confusion. For instance, 
sections 61.13, 61.14, 61.17(d) and 61.20(b) of our rules are revised 
to require carriers to utilize the electronic filing process for all 
tariff publications and related documents whenever practicable, and 
directs manual filers to the web page of the FCC's Office of the 
Secretary for procedures for submitting hard copies. The rule changes 
are contained in the Appendix of the Order. We make these changes 
without notice and comment because they are rules of agency 
organization, procedure, or practice exempt from the general notice-
and-comment requirements of the Administrative Procedure Act, see 5 
U.S.C. 553(b)(A).
    8. Implementation. As a temporary transition measure, for 90 days 
after publication of this document in the Federal Register, payments 
and paper filings to P.O. Box 979091 will continue to be processed by 
U.S. Bank. After that date, payments for any WCB-related fee or service 
must be made in accordance with the procedures set forth on the 
Commission's website, https://www.fcc.gov/licensing-databases/fees. For 
now, such payments will be made through the Fee Filer Online System 
(Fee Filer), accessible at https://www.fcc.gov/licensing-databases/fees/fee-filer. As we assess and implement U.S. Treasury initiatives 
toward an all-electronic payment system, we may transition to other 
secure payment systems with appropriate public notice and guidance. To 
file applications, tariffs and petitions processed by the WCB, parties 
should utilize, as applicable, the Commission's Electronic Tariff 
Filing System for tariffs, which can be found at https://apps.fcc.gov/etfs/etfsHome.action, or the Electronic Comment Filing System (ECFS) 
for domestic 214 and other filings referenced in section 1.1105, which 
can be found at http://apps.fcc.gov/ecfs/upload/display. Petitions 
filed in hard copy format should be submitted according to the 
procedures set forth on the web page of the FCC's Office of the 
Secretary, https://www.fcc.gov/secretary.

III. Ordering Clauses

    9. 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), 
154(j), the Order is hereby ADOPTED and the rules set forth in the 
Appendix of the Order are hereby AMENDED effective February 20, 2018.

List of Subjects

47 CFR Part 0

    Organization and functions (Government agencies).

47 CFR Part 1

    Administrative practice and procedure, Communications common 
carriers, and Federal buildings and facilities.

47 CFR Parts 51 and 61

    Communications common carriers.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 0, 1, 51, and 61 as 
follows:

PART 0--COMMISSION AND ORGANIZATION

0
1. The authority citation for part 0 is revised to read as follows:

    Authority:  Section 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.

0
2. Amend Sec.  0.401 by revising paragraphs (a)(1)(iii), (b) 
introductory text, and (b)(1), removing paragraph (b)(2), and 
redesignating paragraph (b)(3) as paragraph (b)(2).
    The revisions read as follows:


Sec.  0.401  Location of Commission offices.

* * * * *
    (a) * * *
    (1) * * *
    (iii) Electronic filings, where required, recommended, or 
permitted, must be transmitted as specified by the Commission or 
relevant Bureau or Office.
* * * * *
    (b) Applications or filings requiring the fees set forth at part 1, 
subpart G of the rules must be delivered through the appropriate 
electronic filing system with the correct fee and completed Fee Form 
attached to the application or filing, unless otherwise directed by the 
Commission. In the case of any conflict between this rule subpart and 
other rules establishing filing locations for submissions subject to a 
fee, this subpart shall govern.

    Note to paragraph (b) introductory text: Applicants seeking a 
waiver or deferral of fees must submit their application or filing 
in accordance with the addresses set forth below. Applicants 
claiming a statutory exemption from the fees should file their 
applications in accordance with paragraph (a) of this section.

    (1) Applications and filings submitted by mail shall be submitted 
following the procedures set forth by the Commission in the appropriate 
fee rules.

    Note to paragraph (b)(1):  Wireless Telecommunications Bureau 
applications that require frequency coordination by certified 
coordinators must be submitted to the appropriate certified 
frequency coordinator before filing with the Commission. After 
coordination, the applications are filed with the Commission

[[Page 2556]]

as set forth herein. (See Sec. Sec.  90.127 and 90.175 of this 
chapter.)

* * * * *

PART 1--PRACTICE AND PROCEDURE

0
3. The authority citation for part 1 is revised to read as follows:

    Authority: 47 U.S.C. 34-39, 151, 154(i), 154(j), 155, 157, 160, 
201, 225, 227, 303, 309, 332, 1403, 1404, 1451, 1452, and 1455.

0
4. Amend Sec.  1.49 by revising the first sentence of paragraph (a) 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 electronically or on paper with 
dimensions of A4 (21 cm. x 29.7 cm.) or on 8\1/2\ x 11 inch (21.6 cm. x 
27.9 cm.) 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.). * * *
* * * * *

0
5. Amend Sec.  1.51 by revising paragraph (a) to read as follows:


Sec.  1.51  Number of copies of pleadings, briefs, and other papers.

    (a) In hearing proceedings, unless filed electronically or 
otherwise specified by Commission rules, an original and one copy shall 
be filed, along with-an additional copy for each additional presiding 
officer at the hearing, if more than one. If filed electronically, 
additional courtesy copies shall be emailed as directed by the 
Commission.
* * * * *

0
6. Amend Sec.  1.52 by revising the fifth sentence to read as follows:


Sec.  1.52   Subscription and verification.

    * * * If 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. * * *

0
7. Revise Sec.  1.742 as follows:


Sec.  1.742  Place of filing, fees, and number of copies.

    All applications which do not require a fee shall be filed 
electronically through the Commission's Electronic Comment Filing 
System if practicable. Applications which must be filed in hard copy 
format should be submitted according to the procedures set forth on the 
web page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary. Hand-delivered applications will be dated by the Secretary 
upon receipt (mailed applications will be dated by the Mail Branch) and 
then forwarded to the Wireline Competition Bureau. All applications 
accompanied by a fee payment should be filed in accordance with Sec.  
1.1105, Schedule of charges for applications and other filings for the 
wireline competition services.

0
8. Amend Sec.  1.1105 by revising the introductory text to read as 
follows:


Sec.  1.1105   Schedule of charges for applications and other filings 
for the wireline competition services.

    Remit payment for these services electronically using the 
Commission's electronic filing and payment system, and, where 
practicable, applications and other substantive filings, in accordance 
with the procedures set forth on the Commission's website, www.fcc.gov/licensing-databases/fees. Petitions, applications, and other 
substantive filings in hard copy format are to be submitted according 
to the procedures set forth on the web page of the FCC's Office of the 
Secretary, https://www.fcc.gov/secretary.
* * * * *

0
9. Amend Sec.  1.1111 by revising paragraph (d) to read as follows:


Sec.  1.1111   Payment of charges.

* * * * *
    (d) Applications returned to applicants for additional information 
or corrections will not require an additional fee when resubmitted, 
unless the additional information results in an increase of the 
original fee amount. Those applications not requiring an additional fee 
should be resubmitted electronically or directly to the Bureau/Office 
requesting the additional information, as requested. The original fee 
will be forfeited if the additional information or corrections are not 
resubmitted by the prescribed deadline. A forfeited application fee 
will not be refunded. If an additional fee is required, the original 
fee will be returned and the application must be resubmitted with a new 
remittance in the amount of the required fee. Applicants should attach 
a copy of the Commission's request for additional or corrected 
information to their resubmission.
* * * * *

0
10. Amend Sec.  1.1112 by revising paragraph (g) to read as follows:


Sec.  1.1112  Form of payment.

* * * * *
    (g) The Commission will furnish a stamped receipt of an application 
filed by mail or in person only upon request that complies with the 
following instructions. In order to obtain a stamped receipt for an 
application (or other filing), the application package must include a 
copy of the first page of the application, clearly marked ``copy'', 
submitted expressly for the purpose of serving as a receipt of the 
filing. The copy should be the top document in the package. If hand 
delivered, the copy will be date-stamped immediately and provided to 
the bearer of the submission. For submissions by mail, the receipt copy 
will be provided through return mail if the filer has attached to the 
receipt copy a stamped self-addressed envelope of sufficient size to 
contain the date stamped copy of the application. No remittance receipt 
copies will be furnished. Stamped receipts of electronically-filed 
applications will not be provided.

0
11. Amend Sec.  1.1113 by revising paragraph (a)(1), adding a sentence 
to the end of paragraph (a)(2), and revising paragraph (a)(4) to read 
as follows:


Sec.  1.1113   Filing locations.

    (a) * * *
    (1) Tariff filings shall be filed with the Secretary, Federal 
Communications Commission, Washington, DC 20554. On the same day, the 
filer should submit a copy of the cover letter, the FCC Form 159, and 
the appropriate fee in accordance with the procedures established in 
Sec.  1.1105.
    (2) * * * Electronic payments must include the reference number 
contained on the bill sent by the Commission.
* * * * *
    (4) Applicants claiming an exemption from a fee requirement for an 
application or other filing under 47 U.S.C. 158(d)(1) or Sec.  1.1116 
of this subpart shall file their applications in the appropriate 
location as set forth in the rules for the service for which they are 
applying, except that request for waiver accompanied by a tentative fee 
payment should be filed as set forth in Sec. Sec.  1.1102 through 
1.1109.
* * * * *

0
12. Amend Sec.  1.1119 by revising paragraphs (c)(1) and (2) as 
follows:


Sec.  1.1119  Petitions and applications for review.

* * * * *
    (c) * * *
    (1) Petitions and applications for review submitted with a fee must 
be submitted electronically or to the Commission's lock box bank at the 
address for the appropriate service as set forth in Sec. Sec.  1.1102 
through 1.1107.

[[Page 2557]]

    (2) If no fee payment is submitted, the request should be filed 
electronically through the Commission's Electronic Comment Filing 
System or with the Commission's Secretary.
* * * * *

PART 51--INTERCONNECTION

0
13. The authority citation for part 51 is revised to read as follows:

    Authority: 47 U.S.C. 151-55, 201-05, 207-09, 218, 220, 225-27, 
251-54, 256, 271, 303(r), 332, 1302.

0
14. Amend Sec.  51.329 by revising paragraph (c)(2) as follows:


Sec.  51.329   Notice of network changes: Methods for providing notice.

* * * * *
    (c) * * *
    (2) The incumbent LEC's public notice and any associated 
certifications shall be filed through the Commission's Electronic 
Comment Filing System (ECFS), using the ``Submit a Non-Docketed 
Filing'' module. All subsequent filings responsive to a notice may be 
filed using the Commission's ECFS under the docket number set forth in 
the Commission's public notice for the proceeding. If necessary, 
subsequent filings responsive to a notice also may be filed by sending 
one paper copy of the filing to ``Secretary, Federal Communications 
Commission, Washington, DC 20554'' and one paper copy of the filing to 
``Federal Communications Commission, Wireline Competition Bureau, 
Competition Policy Division, Washington, DC 20554.'' For notices filed 
using the Commission's ECFS, the date on which the filing is received 
by that system will be considered the official filing date. For notices 
filed via paper copy, the date on which the filing is received by the 
Secretary or the FCC Mailroom is considered the official filing date. 
All subsequent filings responsive to a notice shall refer to the ECFS 
docket number assigned to the notice.

PART 61--TARIFFS

0
15. The authority citation for part 61 is revised to read as follows:

    Authority:  Secs. 1, 4(i), 4(j), 201-205 and 403 of the 
Communications Act of 1934, as amended; 47 U.S.C. 151, 154(i), 
154(j), 201-205 and 403, unless otherwise noted.

0
16. Revise Sec.  61.13 to read as follows:


Sec.  61.13  Scope.

    (a) All issuing carriers that file tariffs are required to file 
tariff publications electronically, if practicable.
    (b) All tariff publications shall be filed in a manner that is 
compatible and consistent with the technical requirements of the 
Electronic Tariff Filing System.
    (c) Tariff publications which must be filed in hard copy format 
should be submitted according to the procedures set forth on the web 
page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary.

0
17. Amend Sec.  61.14 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  61.14  Method of filing publications.

    (a) Publications filed electronically must be captioned to 
``Secretary, Federal Communications Commission, Washington, DC 20554.'' 
The Electronic Tariff Filing System will accept filings 24 hours a day, 
seven days a week. The official filing date of a publication received 
by the Electronic Tariff Filing System will be determined by the date 
and time the transmission ends. If the transmission ends after the 
close of a business day, as that term is defined in Sec.  1.4(e)(2) of 
this chapter, the filing will be date and time stamped as of the 
opening of the next business day.
    (b) Carriers are strongly encouraged to submit publications 
electronically if practicable. Carriers need only transmit one set of 
files to the Commission. No other copies to any other party are 
required. Publications which must be filed in hard copy format should 
be submitted according to the procedures set forth on the web page of 
the FCC's Office of the Secretary, https://www.fcc.gov/secretary.
* * * * *

0
18. Amend Sec.  61.17 by revising paragraph (d) to read as follows:


Sec.  61.17  Applications for special permission.

* * * * *
    (d) In addition, for special permission applications requiring fees 
as set forth in part 1, subpart G of this chapter, carriers shall 
submit the appropriate fee and associated payment form electronically 
through the process set forth in Sec.  1.1105 of this chapter and, if 
practicable, the application and associated documents electronically in 
accordance with the procedures set forth on the Commission's website, 
www.fcc.gov/licensing-databases/fees. Applications which must be filed 
in hard copy format should be submitted according to the procedures set 
forth on the web page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary.
* * * * *

0
19. Amend Sec.  61.20 by revising paragraph (b) to read as follows:


Sec.  61.20   Method of filing publications.

* * * * *
    (b) In addition, all tariff publications requiring fees as set 
forth in part 1, subpart G of this chapter, shall be submitted 
electronically if practicable in accordance with Sec.  1.1105 of this 
chapter along with the electronic submission of the payment online 
form. Petitions which must be filed in hard copy format should be 
submitted according to the procedures set forth on the web page of the 
FCC's Office of the Secretary, https://www.fcc.gov/secretary.

[FR Doc. 2018-00596 Filed 1-17-18; 8:45 am]
BILLING CODE 6712-01-P