[Federal Register Volume 63, Number 203 (Wednesday, October 21, 1998)]
[Rules and Regulations]
[Pages 56090-56091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27885]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[GC Docket No. 97-113; FCC 98-254]


Electronic Filing of Documents in Rulemaking Proceedings

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for reconsideration.

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SUMMARY: On reconsideration, the Commission is deleting from the 
Electronic Filing of Documents in Rulemaking Proceedings the 
requirement that comments filed electronically over the Internet 
include the telephone number of the commenting party. This ruling will 
allow individuals to file comments electronically without revealing 
their telephone numbers and will encourage the use of electronic 
filing.

EFFECTIVE DATE: October 21, 1998.

FOR FURTHER INFORMATION CONTACT: Laurence H. Schecker, Office of 
General Counsel, 202-418-1720.

SUPPLEMENTARY INFORMATION:
    1. The Commission has under its consideration a petition for 
reconsideration of its Report and Order in Electronic Filing of 
Documents in Rulemaking Proceedings, 13 FCC Rcd 11322, 63 FR 24121 
(1998) (ECFS Order), which adopted rules permitting the electronic 
filing of comments in rulemaking proceedings. Petitioner David B. 
Popkin requests that we eliminate the requirement that individuals 
filing comments electronically via the Internet include their telephone 
number on the comments. Mr. Popkin believes individuals, including 
amateur radio operators, may wish to keep their telephone number which 
may be unlisted) non-public. For the reasons discussed, the petition is 
granted.
    2. As Mr. Popkin correctly observes, a commenter's telephone number 
is not required on non-electronically filed comments in rulemaking 
proceedings. Thus, parties filing comments in rulemaking proceedings 
that wish to keep their telephone number private can always file 
comments on paper rather than electronically. However, we do not want 
to interpose any barriers to anyone filing comments in rulemaking 
proceedings electronically, and wish to encourage use of the ECFS. On 
reconsideration, we will delete the requirement in section 1.419(e), 47 
CFR 1.419(e), that telephone numbers be provided on all electronically-
filed comments in rulemaking proceedings. The telephone number instead 
will be optional on the ECFS interface and the e-mail template, neither 
of which is made part of the public record. We note that our action 
here applies to the filing of comments in rulemaking proceedings only, 
as telephone numbers may be required in other regulatory contexts.
    3. We further note that section 1.419(e) also requires electronic 
comment filers to provide their ``street address.'' We will take this 
opportunity to change this requirement to ``mailing address'' to 
accommodate those filers that use post office boxes rather than street 
addresses. We also will insert the phrase ``and other documents'' in 
section 1.419(e), consistent with other paragraphs of section 1.419.
    4. In the ECFS Order, we certified that the rules ``will not have a 
significant economic impact on a substantial number of small 
entities.'' 5 U.S.C. 605(b). We supplement that certification to 
include the amendment of section 1.419(e) adopted here. The changes to 
section 1.419(e) relieve burdens on electronic filers or simply clarify 
the language of the rule, and therefore will not have a significant 
economic impact on a substantial number of small entities.
    5. Accordingly, it is ordered that the Petition for Reconsideration 
is granted.

[[Page 56091]]

    6. It is further 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), Part 1 of the Commission's Rules is AMENDED as set 
forth in the Rule Changes, effective upon publication in the Federal 
Register. These rule changes are procedural rules and relieve 
restrictions on electronic comment filers. We therefore find that the 
rule amendments should be made effective upon publication. See 5 U.S.C. 
553(d)(1).

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    Part 1 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 as follows:

    Authority: 47 U.S.C. 151, 154, 207, 303 and 309(j) unless 
otherwise noted.

    2. Section 1.419 is amended by revising paragraph (e) to read as 
follows:


Sec. 1.419  Form of comments and replies; number of copies.

* * * * *
    (e) Comments and replies and other documents filed in electronic 
form by a party represented by an attorney shall include the name and 
mailing address of at least one attorney of record. Parties not 
represented by an attorney that file comments and replies and other 
documents in electronic form shall provide their name and mailing 
address.

[FR Doc. 98-27885 Filed 10-20-98; 8:45 am]
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