[Federal Register Volume 66, Number 233 (Tuesday, December 4, 2001)]
[Rules and Regulations]
[Pages 62991-62993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30028]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 76

[FCC 01-345]


Implementation of Interim Filing Procedures for Certain 
Commission Filings

AGENCY: Federal Communications Commission.

ACTION: Temporary procedural requirements.

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SUMMARY: In this document, the Commission amends its procedures on an 
emergency, interim basis to require the filing or refiling of certain 
documents electronically (i.e., by facsimile or e-mail), by overnight 
delivery, or by hand delivery to the Commission's Capitol Heights, 
Maryland location. Due to recent events in Washington, DC, resulting in 
the unforeseeable and understandable disruption of regular mail 
delivery and of the processing of other deliveries, the Commission is 
unable to confirm receipt of certain Commission filings that may affect 
processing of applications and other urgent agency business. The 
intended effect of this action is to continue the timely processing of 
applications and other urgent agency business.

EFFECTIVE DATE: December 4, 2001.

FOR FURTHER INFORMATION CONTACT: Magalie Roman Salas at 202-418-0303.

SUPPLEMENTARY INFORMATION: This Order, adopted November 21, 2001, and 
released November 29, 2001, will be available for public inspection 
during regular business hours at the FCC Reference Information Center, 
Room CY-A257, at the Federal Communications Commission, 445 12th St., 
SW., Washington, DC 20554. The complete text is available through the 
Commission's duplicating contractor: Qualex International, Portals II, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 
202-863-2893, facsimile 202-863-2898, or via e-mail at 
[email protected].

[[Page 62992]]

Synopsis of Order

    1. Effective upon publication of this Order in the Federal Register 
and until further notice, the following types of pleadings shall be 
filed with the Commission electronically, by overnight delivery 
service, or by hand delivery: (i) petitions to deny filed pursuant to 
section 309 of the Communications Act of 1934, as amended (Act); (ii) 
petitions for reconsideration filed pursuant to section 405 of the Act; 
(iii) applications for review filed pursuant to section 5(c)(4) of the 
Act; (iv) informal requests for Commission action involving pending 
applications filed pursuant to Sec. 1.41 of the Commission's rules; (v) 
petitions to amend the TV and FM Broadcast Table of Allotments and 
responsive pleadings; and, (vi) comments or oppositions to open video 
system certification made pursuant to Sec. 76.1502 (e)(1) of the 
Commission's rules. The types of pleadings described in (i) through 
(vi) are referred to in this document as ``Covered Pleadings.'' The 
filing requirement described in this paragraph shall not apply to 
requests for review of decisions issued by the Universal Service 
Administrative Company (USAC) filed pursuant to Secs. 54.719-54.725 of 
the Commission's rules, or any petitions for reconsideration or 
applications for review arising from such proceedings. As noted, these 
emergency procedures are adopted on a temporary basis only, and will be 
discontinued when normal U.S. Mail delivery resumes.
    2. In order to assist the Commission in determining whether Covered 
Pleadings were filed during the period of interrupted processing, 
parties that have filed or will file Covered Pleadings from October 1, 
2001 through and including the effective date of this Order are 
required to resubmit such pleadings electronically prior to 12:00 
midnight Eastern Time on the seventh calendar day following the 
effective date of this Order, by hand delivery at the Capitol Heights, 
Maryland location, prior to 9:00 PM Eastern Time on the seventh 
calendar day following the effective date of this Order, or by 
overnight delivery service other than U.S. Postal Service Express and 
Priority Mail to the Commission's headquarters, prior to 5:30 PM 
Eastern Time on the seventh calendar day following the effective date 
of this Order. Three exceptions to these requirements are specified in 
paragraph 4. All refilings pursuant to this paragraph shall be 
accompanied by a signed affidavit or a declaration pursuant to 
Commission rule Sec. 1.16 stating that the previously filed pleading 
was timely filed in accordance with Commission rules, the date the 
pleading was originally sent to the Commission, and by what means. 
Covered Pleadings submitted up to 7 calendar days following the 
effective date of this Order in a manner not consistent with its terms 
must be refiled in the same manner as Covered Pleadings filed before 
the effective date. Covered Pleadings filed in accordance with this 
paragraph will be treated as timely filed as of the date the pleading 
was originally sent to the Commission, but the time for any responsive 
pleading will be tied to the time of resubmission to the extent 
Commission rules set response periods based on the date of filing.
    3. There are three exceptions to the filing requirements stated in 
paragraph 3. The first exception to the refiling requirement is for 
Covered Pleadings that were previously filed electronically in 
accordance with our rules. The second exception is for Covered 
Pleadings that were hand delivered to the Commission's headquarters at 
445 12th Street, SW., Washington, DC, between October 1 and October 19, 
2001, or to our Capitol Heights location in accordance with the public 
notices issued on October 17 and October 18, 2001. See Public Notice, 
``FCC Announces Change in Filing Location for Paper Documents,'' DA 01-
2436 (October 17, 2001); Public Notice, ``FCC Announces Changes In 
Filing Procedures,'' DA 01-2430 (October 17, 2001; Public Notice, 
``Clarification on FCC's Announced Changes in Filing Procedures,'' DA 
01-2451 (October 18, 2001). The third exception is for Covered 
Pleadings delivered to the Commission by overnight delivery services 
other than U.S. Postal Service Express and Priority Mail. Covered 
Pleadings falling within one of the three exceptions specified in this 
paragraph and pleadings not falling in the categories specified in 
paragraph 2 need not be resubmitted.
    4. If filed electronically by e-mail, pleadings shall be filed at 
the following e-mail addresses depending on the Bureau or Office 
handling the matter:


Mass Media...............................  [email protected]
Wireless.................................  [email protected]
Common Carrier...........................  [email protected]
Cable Services...........................  [email protected]
International............................  [email protected]
Enforcement..............................  [email protected]
Other....................................  [email protected].
 


    For security purposes, we recommend that documents filed via 
electronic mail be converted to PDF format. The Commission will 
automatically reply to all incoming e-mails to confirm receipt. If 
filed by facsimile, pleadings shall be faxed to 202-418-0187. The fax 
transmission should include a cover sheet listing contact name, phone 
number, and, if available, an e-mail address.
    5. If filed by hand delivery, documents shall be delivered to 9300 
East Hampton Drive, Capitol Heights, Maryland 20743 pursuant to the 
terms of our earlier October 17 and October 18, 2001 public notices. As 
stated in those public notices, all hand deliveries must be held 
together with rubber bands or fasteners. Any envelopes must be disposed 
of before entering the building.
    6. If filed by overnight delivery service other than U.S. Postal 
Service Express and Priority Mail, filings must be received at the 
Commission's headquarters at 445 12th Street, SW., Washington, DC 
20024. As noted in the October 17 and October 18, 2001 public notices, 
the Commission will divert those deliveries to the Capitol Heights 
facility. Documents filed under seal pursuant to Sec. 0.457 or 
Sec. 0.459 of the Commission's rules should be submitted by hand 
delivery or overnight delivery service to ensure confidential treatment 
under those rules.
    7. Until further notice, parties filing Covered Pleadings 
electronically (either via electronic mail or facsimile) in accordance 
with the procedures set forth herein will not be required to file a 
paper original with the Office of the Secretary or the Capitol Heights, 
Maryland facility as described in our earlier October 17 and October 
18, 2001 public notices.
    8. Copies of all filings made pursuant to this Order should be 
provided to the Commission's duplicating contractor, Qualex 
International via e-mail at [email protected]. Copies of all filings 
and resubmitted filings must be served on parties to the extent service 
of such pleadings is required by Commission rules.
    9. Failure to submit or resubmit pleadings in the manner set out by 
this Order will result in the waiver of any rights to have such 
pleading considered by the Commission if the Commission's decisional 
staff does not have the relevant pleadings before it at the time of its 
decision. Parties may file petitions for reconsideration regarding any 
decision made.
    10. Accordingly, It Is Ordered that, pursuant to the authority of 
section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 
154 (i), the Commission ADOPTS the procedural requirements set forth in 
this Order and SUSPENDS any contrary requirements.
    11. It Is Further Ordered that the Secretary is delegated authority 
to rule on requests for extensions of time based

[[Page 62993]]

on operational problems associated with the Commission's electronic 
filing equipment.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-30028 Filed 12-3-01; 8:45 am]
BILLING CODE 6712-01-P