[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Rules and Regulations]
[Page 16055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7700]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[FCC 95-1]


Filing of Documents

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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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:

    \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).

    Unless otherwise provided in this Title [47], pleadings and 
other documents are considered to be filed with the Commission upon 
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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:


Sec. 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]
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