Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Rules and Regulations 16055

1 Fee Collection Program, 5 FCC Rcd 3558, 3565

(1990); Public Notice, Filing of Time Critical

Feeable Applications, 67 Rad. Reg (P&F) 2d 1127

(1990); see GAF Broadcasting Company, 8 FCC Rcd

1742, 1744 (Aud. Serv. Div. 1993) (application

received at the lockbox facility the day after the

official deadline considered timely filed).

future information so warrants. Sites

given a NFRAP designation are placed

in a separate archival data base.

Inclusion of a specific site or area in the

CERCLIS data base does not represent a

determination of any party’s liability,

nor does it represent a finding that any

response action is necessary.

* * * * *

[FR Doc. 95–7596 Filed 3–28–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[FCC 95–1]

Filing of Documents

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This order will clarify the

Commission’s rule regarding the filing

of documents by including language

stating that, unless otherwise provided

in this Title, by Public Notice, or by

decision of the Commission or

Commission staff acting on delegated

authority, documents are deemed filed

when they are received by the

Commission. This order is intended to

provide guidance to the public and

avoid any potential uncertainty.

EFFECTIVE DATE: March 29, 1995.

FOR FURTHER INFORMATION CONTACT:

Donna Viert, Office of General Counsel,

(202) 418–1720.

SUPPLEMENTARY INFORMATION:

Order

In the matter of: Amendment of the

Commission’s Rules of Practice and

Procedure.

Adopted: January 3, 1995.

Released: February 21, 1995.

By the Commission:

1. On September 26, 1994,

Multinational Legal Services, P.C. (MLS)

filed a Petition for Reconsideration or

Clarification of the Commission’s Order,

FCC 94–210, released August 24, 1994,

59 Fed. Reg. 44340 (1994), by which the

Commission promulgated new section

1.7 of its Rules, 47 CFR 1.7. In adopting

section 1.7, the Order formalized a

Commission practice of accepting

documents as filed when they are

received at a location designated by the

Commission. The Order may have

created some confusion, and to address

this, we grant MLS’s petition and clarify

the language of section 1.7. See 59 FR

44340.

2. In its petition, MLS argues that

section 1.7 may create uncertainty about

the filing deadline for time-critical

applications at the lockbox facility of

the Mellon Bank in Pittsburgh,

Pennsylvania. In accordance with

procedural rules adopted in connection

with our fee collection program,

applications submitted to the lockbox

facility by the next business day after an

official filing deadline are considered

timely filed.1 This procedural rule

allowing additional time is not,

however, codified in the Code of

Federal Regulations. MLS notes that this

rule may therefore conflict with the

newly promulgated section 1.7 which

states that:

Unless otherwise provided in this Title

[47], pleadings and other documents are

considered to be filed with the Commission

upon their receipt at the location designated

by the Commission.

3. To avoid potential confusion, we

will adopt MLS’s recommendation (with

one minor change) and clarify section

1.7 by including language stating that,

unless otherwise provided in this Title,

by Public Notice, or by decision of the

Commission or Commission staff acting

on delegated authority, documents are

deemed filed when they are received by

the Commission.

4. In view of the foregoing and

pursuant to the authority contained in

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), it is ordered that the Petition for

Reconsideration or Clarification filed by

Multinational Legal Services, P.C. is

granted.

5. It is further ordered that Part 1 of

the Commission’s Rules is amended in

the manner indicated below to be

effective upon publication in the

Federal Register.

List of Subjects in 47 CFR Part 1

Administrative practice and

procedure.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Change

Part 1 of Chapter I of Title 47 of the

Code of Federal Regulations is amended

as follows:

PART 1—PRACTICE AND

PROCEDURE

1. The authority citation for Part 1

continues to read:

Authority: 47 U.S.C. 154, 303, 503(b)(5); 5

U.S.C. 552; 21 U.S.C. 853a, unless otherwise

noted.

2. Section 1.7 is revised to read as

follows:

§ 1.7 Documents are filed upon receipt.

Unless otherwise provided in this

Title, by Public Notice, or by decision

of the Commission or of the

Commission’s staff acting on delegated

authority, pleadings and other

documents are considered to be filed

with the Commission upon their receipt

at the location designated by the

Commission.

[FR Doc. 95–7700 Filed 3–28–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 15

[DH 95–581]

Closed Captioning Requirements for

Computer Systems Used as Television

Receivers

AGENCY: Federal Communications

Commission.

ACTION: Interpretation.

SUMMARY: The FCC’s Office of

Engineering and Technology is issuing

this document interpreting the

requirements of the Television Decoder

Circuitry Act of 1990 and the FCC rules

implementing that Act, as they apply to

computer systems. These requirements

specify that all devices designed to

receive television service must be

equipped with built-in decoder circuitry

designed to display closed-captioned

television transmissions when the

picture size of such a device is 33 cm

(13 inches) or greater in size. This

interpretation is intended to provide

guidance for computer manufacturers

and vendors with regard to the

application of the closed caption

circuitry requirements to computers and

other related equipment that provide the

capability to receive television

transmissions.

ADDRESSES: Federal Communications

Commission, 1919 M Street NW.,

Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

Richard Engelman, Office of

Engineering and Technology, (202) 776–

1626.
16056 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Rules and Regulations

SUPPLEMENTARY INFORMATION:

Closed Captioning Requirements for

Computer Systems Used As Television

Receivers

Several manufacturers have requested

information on the requirements for

displaying closed captioning as they

apply to computers that have the

capability to receive television signals.

This Public Notice describes the Office

of Engineering and Technology’s (OET)

interpretation of the requirements of the

Television Decoder Circuitry Act of

1990, and the rules implementing that

Act, as they apply to computer systems.

As indicated below, computer systems

that are sold with a monitor that has a

‘‘viewable picture’’ size of 13 inches or

greater and that have the capability to

receive television service must be able

to display closed captions transmitted

on television signals. Closed captioning

capability is not required for smaller

monitors, for systems without television

reception capability, for computers sold

without monitors, or for ‘‘plug-in’’

circuit boards that add television

reception capability.

Section 15.119 of the Commission’s

rules, and the Television Decoder

Circuitry Act of 1990 (Pub. L. 101–431)

upon which this rule section is based,

require that all devices designed to

receive television pictures broadcast

simultaneously with sound be equipped

with built-in decoder circuitry designed

to display closed-captioned television

transmissions when such a device is

manufactured in the United States or

imported for use in the United States,

and its television picture screen is 33

cm (13 inches) or greater in size. See 47

CFR 15.119 and 47 U.S.C. 303(u) and

330(b).

Personal computers can now be

equipped to receive and display

broadcast television programming. This

capability can be marketed in a variety

or ways. For example, built-in TV

receiver capability can be included in

personal computers that are marketed as

complete systems, e.g., systems that

include both a computer and monitor.

Built-in TV receiver capability can also

be included in personal computers sold

without a monitor. In addition, TV

receiver capability can be provided on

plug-in circuit cards that can be used to

add TV reception capability to an

existing personal computer.

The screen sizes for TV receivers and

monitors used with personal computers

traditionally have been measured

differently by manufacturers in the two

industries. TV receiver screen size is

measured on the basis of the ‘‘viewable

picture’’ area, in accordance with

Federal Trade Commission (FTC)

regulations. See 16 CFR Part 410.

Computer monitors traditionally are

measured on the basis of the overall

physical size of the picture tube. In

many cases, computer monitors

marketed as 1⁄4 inches or larger actually

have a viewable picture size of less than

33 cm (13 inches). We note that the

majority of computer monitors being

sold now have a viewable picture size

that is smaller than 33 cm (13 inches),

although the number of models with

larger picture sizes is increasing.

OET interprets that the requirements

of § 15.119 apply to computer systems

that have the capability to receive TV

broadcast signals and include a monitor

that has a ‘‘viewable picture’’ size of 33

cm (13 inches) or larger, as measured in

accordance with the FTC regulations, 16

CFR Part 410. For purposes of this

interpretation, a computer system may

be a single unit, with the computer and

monitor in the same housing, or

separate computer and monitor units.

As a practical matter, computers and

monitors sold together as systems are

often marketed with separate prices.

This allows consumers greater

flexibility in choosing a system that

meets their needs. OET interprets that

where computers and monitors are

priced separately but sold together, i.e.,

as part of the same business transaction,

they are nonetheless computer systems

for purposes of the closed caption

display capability requirements and

must comply with those requirements if

the ‘‘viewable picture’’ of the monitor is

33 cm (13 inches) or larger.

The requirements of § 15.119 do not

apply to:

—Computers or computer systems that

do not have the capability to receive

TV broadcast signals;

—Computers sold without monitors;

—Computer systems with monitors that

do not have a viewable picture of 33

cm (13′′) or larger; or,

—Separate ‘‘plug-in ’’ circuit boards.

In issuing this interpretation, we wish

to emphasize that we recognize the

importance of closed captioning display

as a feature of TV reception capability

included in personal computers. We

therefore will monitor the practices of

the computer industry with regard to

this feature, particularly with regard to

the practices of selling computers and

monitors together, and will consider

appropriate action in the future as may

be necessary to ensure this feature is

adequately available to the public.

By the Chief, Office of Engineering and

Technology.

Office of Engineering and Technology

contact: Richard Engelman at (202) 776–

1626.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–7650 Filed 3–28–95; 8:45 am]

BILLING CODE 6712–01–M

OFFICE OF PERSONNEL

MANAGEMENT

48 CFR Parts 1604 and 1652

RIN 3206–AG30

Federal Employees Health Benefits

Acquisition Regulation Filing Health

Benefit Claims; Addition of Contract

Clause

AGENCY: Office of Personnel

Management.

ACTION: Interim regulations with request

for comments.

SUMMARY: The Office of Personnel

Management (OPM) is issuing interim

regulations to add a new contract clause

of the Federal Employees Health

Benefits Acquisition Regulation

(FEHBAR). The clause clarifies for both

FEHB carriers and covered individuals

the circumstances under which OPM

may render a decision regarding a

covered individual who asks OPM to

review a health benefits plan’s denial of

a claim if the plan has either affirmed

its denial when the covered individual

requested reconsideration, or failed to

respond to the covered individual’s

request for reconsideration as provided

by OPM’s regulations. The clause

further clarifies the circumstances under

which claimants may seek court review

of benefit denials under the FEHB

Program. The purpose of these interim

regulations is to clarify that covered

individuals who wish to bring legal

action regarding a denial of an FEHB

benefit must pursue such claim against

OPM. Further, the interim regulations

clarify the administrative review

process that must precede legal action

in the courts.

DATES: These interim regulations are

effective March 29, 1995. Comments

must be received on or before May 30,

1995.

ADDRESSES: Send written comments to

Lucretia F. Myers, Assistant Director for

Insurance Programs, Retirement and

Insurance Service, Office of Personnel

Management, P.O. Box 57, Washington,

DC 20044; or deliver to OPM, Room

3451, 1900 E Street NW., Washington,

DC; or FAX to (202) 606–0633.

FOR FURTHER INFORMATION CONTACT:

Margaret Sears, (202) 606–0004.

SUPPLEMENTARY INFORMATION:

Historically, OPM has required that