[Federal Register Volume 67, Number 16 (Thursday, January 24, 2002)]
[Rules and Regulations]
[Page 3441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1601]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 54

[CC 96-45; FCC 01-376]


Implementation of Interim Filing Procedures for Filings of 
Requests for Review

AGENCY: Federal Communications Commission.

ACTION: Temporary procedural requirements.

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SUMMARY: In this document, the Commission waives its procedures for 
filing requests for review from decisions of the Universal Service 
Administrative Company (Administrator) and petitions for 
reconsideration and applications for review that arise from such 
proceedings and establishes the following interim procedures. We extend 
the period for filing a request for review, or applications for review 
arising from such proceedings, from the current 30 day period to 60 
days, provide applicants with the option of electronic filing (via 
either electronic mail or facsimile) for requests for review and 
petitions for reconsideration or applications for review that arise 
from such proceedings, and provide parties that have mailed such 
pleadings on or after September 12, 2001 with an opportunity to refile 
their pleadings electronically. These measures will help to ensure 
continued timely processing of such filings and to avoid prejudice to 
parties as a result of the recent disruptions in mail service.

EFFECTIVE DATE: January 24, 2002.

FOR FURTHER INFORMATION CONTACT: Peter Trachtenberg, (202) 418-7369.

SUPPLEMENTARY INFORMATION: This Order, adopted December 20, 2001, and 
released December 26, 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., 
S.W., 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].

Synopsis of Order

    1. Effective upon publication in the Federal Register and until 
further notice, we waive our filing procedures and establish the 
following procedures on an interim, emergency basis. First, requests 
for review filed pursuant to Secs. 54.719 through 54.725, 47 CFR 54.719 
through 54.725, and any applications for review arising from such 
proceedings shall be filed within 60 days of the issuance of the 
decision being reviewed. This 60-day period will be applicable to all 
such pleadings that were required to be filed on or after September 12, 
2001 and were received by the Commission on or after September 12, 
2001. Second, parties filing requests for review, or petitions for 
reconsideration or applications for review of decisions on requests for 
review, may, at their option, file their pleadings electronically, 
either by electronic mail or facsimile.
    2. If filed by electronic mail, pleadings shall be filed at the 
following e-mail address: [email protected]. Documents filed via 
electronic mail may be submitted in Adobe Portable Document Format 
(PDF), Word, WordPerfect, or any other widely used word processing 
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. 
Pleadings submitted by electronic mail will be considered filed on a 
business day if they are received at the Commission on that day at any 
time up to 12:00 a.m. Pleadings received after that time will be 
considered received on the next business day. Similarly, facsimile 
transmissions will be considered filed on a business day if the 
complete transmission is received by any time up to 12:00 a.m.
    3. We further provide that pleadings of the type described in 
paragraph 1 above that were due on or after September 12, 2001 and that 
were submitted by non-electronic means between September 12, 2001 and 
the effective date of this order may be refiled electronically within 
30 days of the effective date of this order in accordance with the 
procedures specified in the preceding paragraph. Pleadings filed 
electronically 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, and 
providing the date the pleading was originally mailed to the 
Commission, and by what means. For this purpose only, the original 
pleading will be considered filed as of the date that it was mailed.
    4. Accordingly, it is ordered that, pursuant to the authority of 
sections 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 WAIVES any contrary requirements.
    5. It is further ordered that the waiver shall become effective 
upon publication in the Federal Register.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 02-1601 Filed 1-23-02; 8:45 am]
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