[Federal Register: January 25, 2002 (Volume 67, Number 17)]
[Rules and Regulations]
[Page 3620-3621]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja02-12]
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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 waiver of 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 on an emergency, interim basis. 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 25, 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.,
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,
[[Page 3621]]
Washington, DC 20554, telephone 202-863-2893, facsimile 202-863-2898,
or via e-mail at qualexint@aol.com.
Synopsis of Order
1. Effective upon publication in the Federal Register and until
further notice, we waive our rules as follows. 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: CCBSecretary@fcc.gov. 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 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 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. 02-873 Filed 1-24-02; 8:45 am]
BILLING CODE 6712-01-U