[Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21163]


[[Page Unknown]]

[Federal Register: August 29, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[FCC 94-210]

 

Filing of Documents

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission has adopted a new rule that explicitly provides 
that all documents are considered filed with the Commission upon 
receipt at the location designated by the Commission. Some Commission 
rules explicitly state when a document is deemed to be filed with the 
Commission, other rules do not. The Commission, however, has had a 
consistent practice of considering documents filed with the Commission 
when the document is received at the location designated by the 
Commission. This rule provides guidance to the public and avoids any 
potential uncertainty.

EFFECTIVE DATE: August 29, 1994.

FOR FURTHER INFORMATION CONTACT:
Paula Ford, Office of General Counsel at (202) 418-1738.

SUPPLEMENTARY INFORMATION:

Order

    In the matter of: Amendment of the Commission's Rules of 
Practice and Procedure.

    Adopted: August 9, 1994; Released:

    By the Commission:
    1. In this order, the Commission adopts a new rule explicitly 
providing that all documents are considered filed with the Commission 
upon receipt.
    2. There are a number of Commission rules establishing deadlines 
for parties to take action, e.g., to file applications for review or 
petitions for reconsideration. Though some rules explicitly state when 
a document is deemed to be filed with the Commission, other rules do 
not. The Commission has had a consistent practice of considering 
documents filed with the Commission when the document is received at 
the location designated by the Commission.\1\ However, there is no 
single rule that provides general guidance that a document is 
considered filed when it is received by the Commission. We believe 
adoption of such a general rule will avoid any potential uncertainty.
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    \1\For example, in the fee context, the Commission has 
previously noted: ``For purposes of determining receipt dates and 
conformance with filing deadlines, the submission will not be 
considered received by the Commission until received at the 
designated location.'' Establishment of a Fee Collection Program to 
Implement the Provisions of the Consolidated Omnibus Budget 
Reconciliation Act of 1985, 52 FR 10226, March 31, 1987, 2 FCC Rcd 
1882 (1987). See also 47 CFR 0.401(b)(2); Public Notice, FCC 
Overrules Caldwell Television Associates Ltd., 53 RR 2d 1686 (1983).
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    3. Because the rule amendment adopted here is a matter of agency 
practice and procedure, compliance with the notice and comment and 
effective date provisions of the Administrative Procedure Act is not 
required.\2\
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    \2\5 U.S.C. 553(b)(A) & (d).
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    4. Accordingly, It is ordered that Part 1 of the Commission's Rules 
Is Amended in the manner set forth below and will be effective upon 
publication in the Federal Register.
    5. Authority for this action is 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).

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure.

Federal Communications Commission.
LaVera F. Marshall,
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 added to read as follows:


Sec. 1.7  Documents are filed upon receipt.

    Unless otherwise provided in this Title, pleadings and other 
documents are considered to be filed with the Commission upon their 
receipt at the location designated by the Commission.

[FR Doc. 94-21163 Filed 8-26-94; 8:45 am]
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