[Federal Register Volume 80, Number 8 (Tuesday, January 13, 2015)]
[Rules and Regulations]
[Pages 1586-1589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00335]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 51 and 63

[GC Docket No. 10-44; FCC 14-183]


Amendment of the Commission's Rules of Practice and Procedure; 
Electronic Filing of Domestic Section 214 Applications and Notices of 
Network Changes

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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[[Page 1587]]

SUMMARY: In this document, the Commission amends procedural rules to 
require electronic filing through the Commission's Electronic Comment 
Filing System (ECFS) for three common types of wireline proceedings: 
applications for authorization of domestic transfers of control; 
applications for authorization to discontinue, reduce, or impair a 
service; and notices of network changes. The rules establish three 
electronic inboxes within ECFS to handle the initial filing of the 
above-identified applications and notices, which have previously been 
filed only on paper. Accepted applications and notices will receive a 
distinct ECFS docket number. The Commission expects to continue to 
expand capabilities for online filing and intends to work toward the 
goal of providing such capabilities for every type of filing that the 
public might submit.

DATES: Effective February 12, 2015.

FOR FURTHER INFORMATION CONTACT: Jodie May, Wireline Competition 
Bureau, Federal Communications Commission, [email protected], (202) 
418-0913; Rodney McDonald, Wireline Competition Bureau, Federal 
Communications Commission, [email protected], (202) 418-7513.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
FCC 14-183, GC Docket No. 10-44, adopted on November 19, 2014 and 
released on November 26, 2014. The complete text of this document is 
available for public inspection during regular business hours in the 
FCC Reference Information Center, Portals II, 445 12th Street SW., Room 
CY-A257, Washington, DC 20554. The document may also be purchased from 
the Commission's duplicating contractor, Best Copy and Printing, Inc., 
445 12th Street SW., Room CY-B402, Washington, DC 20554, telephone 
(800) 378-3160 or (202) 863-2893, facsimile (202) 863-2898, or via the 
Internet at http://www.bcpiweb.com. It is available on the Commission's 
Web site at http://www.fcc.gov.

Summary

    The Order revises several sections of 47 CFR parts 1, 51, and 63. 
The rule changes will facilitate and enhance public participation in 
Commission domestic 214 and network change notification proceedings, 
thereby making the Commission's decision-making process more efficient, 
modern, and transparent.

Regulatory Flexibility Act

    The actions taken in the Order do not require notice and comment, 
and therefore fall outside the Regulatory Flexibility Act of 1980, 5 
U.S.C. 601(2); 603(a), as amended. We nonetheless anticipate that the 
rules we adopt today will not have a significant economic impact on a 
substantial number of small entities. As described above, the rules 
relate to our internal procedures and do not impose new substantive 
responsibilities on regulated entities. There is no reason to believe 
that operation of the revised rules will impose significant costs on 
parties to Commission proceedings. To the contrary, we take today's 
actions with the expectation that, overall, they will make dealings 
with the Commission quicker, easier, and less costly for entities of 
all sizes.

Paperwork Reduction Act

    Although the rule sections affected by this proceeding have 
information collections associated with them, the Office of Management 
and Budget has determined that, under the Paperwork Reduction Act of 
1995, Public Law 104-13, 109 Stat. 163 (1995) (codified at 44 U.S.C. 
3501 et seq.), these changes are not substantive in nature and will not 
result in any new or modified information collections.

Congressional Review Act

    The Commission will send a copy of the Order in a report to be sent 
to Congress and the Government Accountability Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

Ordering Clause

    Accordingly, it is ordered, pursuant to sections 4(i), 4(j), 214, 
and 251 of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 154(j), 214, 251, that the rules set forth are adopted, 
effective February 12, 2015.
    It is further ordered, pursuant to sections 4(i), 4(j), 214, and 
251 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
154(j), 214, 251, and Sec.  1.3 of the Commission's rules, 47 CFR 1.3, 
that, effective upon release of the Order, Sec. Sec.  1.49, 51.329, 
63.52, 63.53, 63.63, 63.71, 47 CFR 1.49, 51.329, 63.52, 63.53, 63.63, 
63.71, are WAIVED to the extent necessary to permit online electronic 
filing in accordance with the processes discussed in this Order. This 
waiver is effective upon release of the Order and until the effective 
date of the rule changes ordered in the previous paragraph.

List of Subjects in 47 CFR parts 1, 51 and 63

    Administrative practice and procedure; Communications common 
carriers; Interconnection; Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1, 51 and 63 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 227, 303(r), 309, 1403, 1404, 1451, and 1452.


0
2. Section 1.49 is amended by revising paragraphs (f)(1)(iv) and (v), 
adding paragraphs (f)(1)(vi) through (viii), revising paragraph (f)(2) 
introductory text, and paragraphs (f)(2)(iii) and (iv), adding 
paragraph (f)(2)(v); redesignating paragraph (f)(3) as paragraph 
(f)(4), adding a new paragraph (f)(3), and revising the newly 
redesignated paragraph (f)(4) to read as follows:


Sec.  1.49  Specifications as to pleadings and documents.

* * * * *
    (f) * * *
    (1) * * *
    (iv) Proceedings involving Over-the-Air Reception Devices;
    (v) Common carrier certifications under Sec.  54.314 of this 
chapter;
    (vi) Domestic Section 214 transfer-of-control applications pursuant 
to Sec. Sec.  63.52 and 63.53 of this chapter;
    (vii) Domestic Section 214 discontinuance applications pursuant to 
Sec. Sec.  63.63 and/or 63.71 of this chapter; and
    (viii) Notices of network change and associated certifications 
pursuant to Sec.  51.325 et seq. of this chapter.
    (2) Unless required under paragraph (f)(1) of this section, in the 
following types of proceedings, all pleadings, including permissible ex 
parte submissions, notices of ex parte presentations, comments, reply 
comments, and petitions for reconsideration and replies thereto, may be 
filed in electronic format:
* * * * *
    (iii) Petition for rulemaking proceedings (except broadcast 
allotment proceedings);
    (iv) Petition for forbearance proceedings; and

[[Page 1588]]

    (v) Filings responsive to domestic section 214 transfers under 
Sec.  63.03 of this chapter, section 214 discontinuances under Sec.  
63.71 of this chapter, and notices of network change under Sec.  51.325 
et seq. of this chapter.
    (3) To further greater reliance on electronic filing wherever 
possible, the Bureaus and Offices, in coordination with the Managing 
Director, may provide to the public capabilities for electronic filing 
of additional types of pleadings notwithstanding any provisions of this 
chapter that may otherwise be construed as requiring such filings to be 
submitted on paper.
    (4) For purposes of compliance with any prescribed pleading 
lengths, the length of any document filed in electronic form shall be 
equal to the length of the document if printed out and formatted 
according to the specifications of paragraph (a) of this section, or 
shall be no more than 250 words per page.

PART 51--INTERCONNECTION

0
3. The authority citation for part 51 continues to read as follows:

    Authority:  Sections 1-5, 7, 201-05, 207-09, 218, 220, 225-27, 
251-54, 256, 271, 303(r), 332, 706 of the Telecommunication Act of 
1996, 48 Stat. 1070, as amended, 1077; 47 U.S.C. 151-55, 157, 201-
05, 207-09, 218, 220, 225-27, 251-54, 256, 271, 303(r), 332, 1302, 
47 U.S.C. 157 note, unless otherwise noted.


0
4. Section 51.329 is amended by revising paragraph (c)(2) to read as 
follows:


Sec.  51.329  Notice of network changes: Methods for providing notice.

* * * * *
    (c) * * *
    (2) The incumbent LEC's public notice and any associated 
certifications shall be filed through the Commission's Electronic 
Comment Filing System (ECFS), using the ``Submit a Non-Docketed 
Filing'' module. All subsequent filings responsive to a notice may be 
filed using the Commission's ECFS under the docket number set forth in 
the Commission's public notice for the proceeding. Subsequent filings 
responsive to a notice also may be filed by sending one paper copy of 
the filing to ``Secretary, Federal Communications Commission, 
Washington, DC 20554'' and one paper copy of the filing to ``Federal 
Communications Commission, Wireline Competition Bureau, Competition 
Policy Division, Washington, DC 20554.'' For notices filed using the 
Commission's ECFS, the date on which the filing is received by that 
system will be considered the official filing date. For notices filed 
via paper copy, the date on which the filing is received by the 
Secretary or the FCC Mailroom is considered the official filing date. 
All subsequent filings responsive to a notice shall refer to the ECFS 
docket number assigned to the notice.

PART 63--EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE, 
REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND 
GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS

0
5. The authority citation for part 63 continues to read as follows:

    Authority:  Sections 1, 4(i), 4(j), 10, 11, 201-205, 214, 218, 
403 and 651 of the Communications Act of 1934, as amended, 47 U.S.C. 
151, 154(i), 154(j), 160, 201-205, 214, 218, 403, and 571, unless 
otherwise noted.
0
6. Section 63.52 is amended by revising paragraphs (a) and (c) to read 
as follows:


Sec.  63.52  Copies required; fees and filing periods for domestic 
authorizations.

    (a) Applications filed under section 214 of the Communications Act 
for domestic authority must be filed electronically with the Commission 
through the Electronic Comment Filing System (ECFS). Each domestic 
transfer of control application shall be accompanied by the fee 
prescribed in subpart G of part 1 of this chapter.
* * * * *
    (c) Any interested party may file a petition to deny an application 
within the 30-day or other time period specified in paragraph (b) of 
this section. The petitioner shall serve a copy of such petition on the 
applicant via electronic mail or paper copy no later than the date of 
filing thereof with the Commission. The petition shall contain specific 
allegations of fact sufficient to show that the petitioner is a party 
in interest and that a grant of the application would be prima facie 
inconsistent with the public interest, convenience and necessity. Such 
allegations of fact shall, except for those of which official notice 
may be taken, be supported by affidavit of a person or persons with 
personal knowledge thereof. The applicant may file an opposition to any 
petition to deny, and the petitioners may file a reply to such 
opposition (see Sec.  1.45 of this chapter), and allegations of facts 
or denials thereof shall similarly be supported by affidavit. These 
responsive pleadings shall be served on the applicant or petitioners, 
as appropriate, and other parties to the proceeding.

0
7. Section 63.53 is amended by revising paragraph (b) to read as 
follows:


Sec.  63.53  Form.

* * * * *
    (b) Applications for domestic service under section 214 of the 
Communications Act must be filed electronically with the Commission. 
For applications filed electronically and subject to a processing fee 
it is not necessary to send the original or any copies with the fee 
payment. Unless specified otherwise all applications and other filings 
described in this section must be filed electronically through the 
``Submit a Non-Docketed Filing'' module of the Commission's Electronic 
Comment Filing System. For information on electronic filing 
requirements, see the ECFS homepage at http://apps.fcc.gov/ecfs/. See 
also Sec.  63.52.
* * * * *

0
8. Section 63.63 is amended by revising paragraph (a) introductory text 
to read as follows:


Sec.  63.63  Emergency discontinuance, reduction or impairment of 
service.

    (a) Application for authority for emergency discontinuance, 
reduction, or impairment of service shall be made by electronically 
filing an informal request through the ``Submit a Non-Docketed Filing'' 
module of the Commission's Electronic Comment Filing System. Such 
requests shall be made as soon as practicable but not later than 15 
days in the case of public coast stations, or 65 days in all other 
cases, after the occurrence of the conditions which have occasioned the 
discontinuance, reduction, or impairment. The request shall make 
reference to this section and show the following:
* * * * *

0
9. Section 63.71 is amended by revising paragraph (a)(5)(i) and (ii), 
redesignating paragraphs (c) and (d) as paragraphs (d) and (e), and 
adding new paragraph (c) to read as follows:


Sec.  63.71  Procedures for discontinuance, reduction or impairment of 
service by domestic carriers.

    (a) * * *
    (5) * * *
    (i) If the carrier is non-dominant with respect to the service 
being discontinued, reduced or impaired, the notice shall state: The 
FCC will normally authorize this proposed discontinuance of service (or 
reduction or impairment) unless it is shown that customers would be 
unable to receive

[[Page 1589]]

service or a reasonable substitute from another carrier or that the 
public convenience and necessity is otherwise adversely affected. If 
you wish to object, you should file your comments as soon as possible, 
but no later than 15 days after the Commission releases public notice 
of the proposed discontinuance. You may file your comments 
electronically through the FCC's Electronic Comment Filing System using 
the docket number established in the Commission's public notice for 
this proceeding, or you may address them to the Federal Communications 
Commission, Wireline Competition Bureau, Competition Policy Division, 
Washington, DC 20554, and include in your comments a reference to the 
Sec.  63.71 Application of (carrier's name). Comments should include 
specific information about the impact of this proposed discontinuance 
(or reduction or impairment) upon you or your company, including any 
inability to acquire reasonable substitute service.
    (ii) If the carrier is dominant with respect to the service being 
discontinued, reduced or impaired, the notice shall state: The FCC will 
normally authorize this proposed discontinuance of service (or 
reduction or impairment) unless it is shown that customers would be 
unable to receive service or a reasonable substitute from another 
carrier or that the public convenience and necessity is otherwise 
adversely affected. If you wish to object, you should file your 
comments as soon as possible, but no later than 30 days after the 
Commission releases public notice of the proposed discontinuance. You 
may file your comments electronically through the FCC's Electronic 
Comment Filing System using the docket number established in the 
Commission's public notice for this proceeding, or you may address them 
to the Federal Communications Commission, Wireline Competition Bureau, 
Competition Policy Division, Washington, DC 20554, and include in your 
comments a reference to the Sec.  63.71 Application of (carrier's 
name). Comments should include specific information about the impact of 
this proposed discontinuance (or reduction or impairment) upon you or 
your company, including any inability to acquire reasonable substitute 
service.
* * * * *
    (c) Discontinuance applications and all related attachments to the 
application filed under this section shall be filed through the 
``Submit a Non-Docketed Filing'' module of the Commission's Electronic 
Comment Filing System.
* * * * *
[FR Doc. 2015-00335 Filed 1-12-15; 8:45 am]
BILLING CODE 6712-01-P