Application for Review of a Decision of the Wireline Competition Bureau by Dooly County School System; Schools and Libraries Universal Service Support Mechanism, 42699-42700 [2013-17055]

Download as PDF Federal Register / Vol. 78, No. 137 / Wednesday, July 17, 2013 / Rules and Regulations Parts per million Commodity * * * * * * * * * * [FR Doc. 2013–16911 Filed 7–16–13; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1 and 54 [CC Docket No. 02–6; FCC 13–81] Application for Review of a Decision of the Wireline Competition Bureau by Dooly County School System; Schools and Libraries Universal Service Support Mechanism Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission (Commission), denies in part and dismisses in part an Application for Review filed by the Dooly County School System and rescinds the remaining interim filing procedures established by the Commission in the 2001 Interim Filing Procedures Order. These actions are needed to provide clarity and certainty as to the filing deadline for applications for review arising from Universal Service Administrative Company-related proceedings. SUMMARY: DATES: Effective August 16, 2013. ehiers on DSK2VPTVN1PROD with RULES FOR FURTHER INFORMATION CONTACT: Regina Brown, Attorney, Wireline Competition Bureau, (202) 418–0792 or TTY: (202) 418–0484. SUPPLEMENTARY INFORMATION: This is a summary of that portion of the Commission’s Order which rescinds the remaining interim filing procedure established by the Commission in the 2001 Interim Filing Procedures Order in CC Docket No. 02–6; FCC 13–81, released on June 10, 2013. The full text of this document is available for public inspection during regular business hours in the FCC Reference Center, Room CY–A257, 445 12th Street SW., Washington, DC 20554 or at the following Internet address: https:// transition.fcc.gov/Daily_Releases/ Daily_Business/2012/db0425/DA–12– 646A1.pdf. 1. As codified in the Code of Federal Regulations, the Commission’s rules state that ‘‘the application for review VerDate Mar<15>2010 13:33 Jul 16, 2013 Jkt 229001 and any [supplement] thereto shall be filed within 30 days of public notice of such action.’’ Dooly County’s Application for Review was filed on January 10, 2012, which was more than 30 days after public notice of the Bureau’s Al-Ihsan Academy Order, which was released on December 5, 2011. Therefore, in its Application for Review, Dooly County also seeks a waiver of the application for review filing deadline, if needed. As an initial matter, however, Dooly County argues that a waiver of the deadline for filing an application for review is unnecessary because the current deadline for filing an application for review arising from USAC-related proceedings is 60 days from public notice of such action as established in the Commission’s December 2001 Interim Filing Procedures Order, 67 FR 3441, January 24, 2002, and not 30 days as provided in the Code of Federal Regulations. Because we dismiss in part Dooly County’s Application for Review on the basis that Dooly County did not afford the Bureau an opportunity to address the arguments raised in its Application for Review, and deny it in part with respect to its argument previously raised with and denied by the Bureau, and because Dooly County did not demonstrate good cause exists warranting a waiver of the Commission’s rules, we need not address the question of whether Dooly County’s filing was timely. 2. However, to provide clarity and certainty as to the filing deadline for applications for review arising from USAC-related proceedings, we take this opportunity to rescind the interim emergency filing procedures for applications for review arising from USAC-related proceedings established by the Commission the Interim Filing Procedures Order. In the Interim Filing Procedures Order, due to emergency events in Washington, DC arising from the September 11, 2001 terrorist attacks, the Commission amended its procedural rules ‘‘on an emergency, interim basis . . . to extend the period of filing a request for review, or applications for review arising from [USAC-related] proceedings, from the current 30 day period to 60 days, to 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 pleadings.’’ until further notice. Subsequently, in April 2003, the Commission released the Schools and Libraries Second Report and Order, 68 FR 36931, June 20, 2003, which permanently extended the PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 42699 deadline for filing initial appeals with USAC or the Commission to 60 days. The Schools and Libraries Second Report and Order did not, however, address the extended filing period for applications for review. Subsequently, the Commission rescinded all other emergency filing procedures adopted in late 2001 with the exception of the emergency filing procedures established in the Interim Filing Procedures Order. By this Order, we therefore rescind the interim filing procedures established by the Commission in the Interim Filing Procedures Order. As stated by the Commission in the Interim Filing Procedures Rescission Order, mail delivery in the Washington, DC area has greatly improved since 2001 and the United States Postal Service has greatly reduced the delay in processing mail. Also, the Commission has since 2001 expanded it electronic filing capabilities, and implemented its own processes to combat the threat of contamination of incoming mail. Given these circumstances, we conclude that the interim electronic filing procedures adopted by the Commission in 2001 are no longer necessary. Accordingly, we rescind those procedures, effective 30 days after publication of this Order in the Federal Register. Thereafter, filings of applications for review arising from USAC-related proceedings will no longer be accepted by facsimile or email and will be due within 30 days from public notice of such action, as provided in the Commission’s rules. Once these clarifications take effect, the Bureau will issue a Public Notice announcing their effectiveness and explaining the correct procedures. 3. This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). 4. 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 interim electronic filing procedures adopted in the Interim Filing Procedures Order, FCC 01–376, are rescinded. 5. It is further ordered that the rescission of the interim electronic filing procedures adopted in the Interim Filing Procedures Order shall become effective August 16, 2013. E:\FR\FM\17JYR1.SGM 17JYR1 42700 Federal Register / Vol. 78, No. 137 / Wednesday, July 17, 2013 / Rules and Regulations Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2013–17055 Filed 7–16–13; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 13–52; RM–11693; DA 13– 1379] Radio Broadcasting Services; Matagorda, Texas Federal Communications Commission. ACTION: Final rule. AGENCY: The Audio Division, at the request of Tejas Broadcasting Ltd., LLP, allots FM Channel 291A and deletes FM Channel 252A at Matagorda, Texas. This allotment change is part of a hybrid rule making and FM application proposal. Channel 291A can be allotted at Matagorda, consistent with the minimum distance separation requirements of the Commission’s rules, at city reference coordinates of 28–41– 25 NL and 95–58–02 WL, without site restriction. Concurrence by the Government of Mexico is required because Channel 291A at Matagorda, Texas, is located within 320 kilometers (199 miles) of the U.S.-Mexican border. Mexican concurrence has been requested for this vacant allotment, but has not yet been received. If a construction permit for Channel 291A at Matagorda, Texas is granted prior to receipt of formal concurrence by the Mexican government, the authorization will include the following condition: ‘‘Operation with the facilities specified herein for Matagorda, Texas, is subject to modification, suspension, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the Mexico-United States FM Broadcast Agreement, or if specifically objected to by the Government of Mexico.’’ See Supplementary Information infra. DATES: Effective August 16, 2013. FOR FURTHER INFORMATION CONTACT: Deborah Dupont, Media Bureau, (202) 418–2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report and Order, MB Docket No. 13–52, adopted June 12, 2013, and released June 14, 2013. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Information ehiers on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 13:33 Jul 16, 2013 Jkt 229001 Center, Portals II, 445 12th Street SW., Room CY–A257, Washington, DC 20554. The complete text of this decision also may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street SW., Room CY–B402, Washington, DC, 20554, (800) 378–3160, or via the company’s Web site, www.bcpiweb.com. This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506 (c)(4). The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see U.S.C. 801(a)(1)(A). 2. Section 73.202(b), the Table of FM Allotments under Texas, is amended at Matagorda by removing Channel 252A, and by adding Channel 291A. The Audio Division updates the FM Table of Allotments to reinstate five vacant FM allotments in various communities in Maryland, Oregon, Texas, Virginia, and Wyoming that were removed from FM Auction 94, because these allotments were not listed in the FM Table. These vacant allotments have previously undergone notice and comment rule making, but they were inadvertently removed from the FM Table of Allotments. DATES: Effective July 17, 2013. ADDRESSES: Federal Communications Commission, 445 Twelfth Street SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Rolanda F. Smith, Media Bureau, (202) 418–2700. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Order, adopted June 13, 2013, and released June 14, 2013. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY– A257, 445 12th Street SW., Washington, DC 20554. This document may also be purchased from the Commission’s duplicating contractors, Best Copy and Printing, Inc., 445 12th Street SW., Room CY–B402, Washington, DC 20554, telephone 1–800–378–3160 or via email www.BCPIWEB.com. This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). The Commission will not send a copy of this Order pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because these allotments were previously reported. [FR Doc. 2013–17050 Filed 7–16–13; 8:45 am] List of Subjects in 47 CFR Part 73 List of Subjects in 47 CFR part 73 Radio, Radio broadcasting. Federal Communications Commission. Nazifa Sawez, Assistant Chief, Audio Division, Media Bureau. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 303, 334, 336 and 339. § 73.202 [Amended] ■ SUMMARY: BILLING CODE 6712–01–P Radio, Radio broadcasting. FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 13–1376] Radio Broadcasting Services; Various Locations Federal Communications Commission. ACTION: Final rule. AGENCY: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Federal Communications Commission. Nazifa Sawez, Assistant Chief, Audio Division, Media Bureau. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: ■ E:\FR\FM\17JYR1.SGM 17JYR1

Agencies

[Federal Register Volume 78, Number 137 (Wednesday, July 17, 2013)]
[Rules and Regulations]
[Pages 42699-42700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17055]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 54

[CC Docket No. 02-6; FCC 13-81]


Application for Review of a Decision of the Wireline Competition 
Bureau by Dooly County School System; Schools and Libraries Universal 
Service Support Mechanism

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission 
(Commission), denies in part and dismisses in part an Application for 
Review filed by the Dooly County School System and rescinds the 
remaining interim filing procedures established by the Commission in 
the 2001 Interim Filing Procedures Order. These actions are needed to 
provide clarity and certainty as to the filing deadline for 
applications for review arising from Universal Service Administrative 
Company-related proceedings.

DATES: Effective August 16, 2013.

FOR FURTHER INFORMATION CONTACT: Regina Brown, Attorney, Wireline 
Competition Bureau, (202) 418-0792 or TTY: (202) 418-0484.

SUPPLEMENTARY INFORMATION: This is a summary of that portion of the 
Commission's Order which rescinds the remaining interim filing 
procedure established by the Commission in the 2001 Interim Filing 
Procedures Order in CC Docket No. 02-6; FCC 13-81, released on June 10, 
2013. The full text of this document is available for public inspection 
during regular business hours in the FCC Reference Center, Room CY-
A257, 445 12th Street SW., Washington, DC 20554 or at the following 
Internet address: https://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0425/DA-12-646A1.pdf.
    1. As codified in the Code of Federal Regulations, the Commission's 
rules state that ``the application for review and any [supplement] 
thereto shall be filed within 30 days of public notice of such 
action.'' Dooly County's Application for Review was filed on January 
10, 2012, which was more than 30 days after public notice of the 
Bureau's Al-Ihsan Academy Order, which was released on December 5, 
2011. Therefore, in its Application for Review, Dooly County also seeks 
a waiver of the application for review filing deadline, if needed. As 
an initial matter, however, Dooly County argues that a waiver of the 
deadline for filing an application for review is unnecessary because 
the current deadline for filing an application for review arising from 
USAC-related proceedings is 60 days from public notice of such action 
as established in the Commission's December 2001 Interim Filing 
Procedures Order, 67 FR 3441, January 24, 2002, and not 30 days as 
provided in the Code of Federal Regulations. Because we dismiss in part 
Dooly County's Application for Review on the basis that Dooly County 
did not afford the Bureau an opportunity to address the arguments 
raised in its Application for Review, and deny it in part with respect 
to its argument previously raised with and denied by the Bureau, and 
because Dooly County did not demonstrate good cause exists warranting a 
waiver of the Commission's rules, we need not address the question of 
whether Dooly County's filing was timely.
    2. However, to provide clarity and certainty as to the filing 
deadline for applications for review arising from USAC-related 
proceedings, we take this opportunity to rescind the interim emergency 
filing procedures for applications for review arising from USAC-related 
proceedings established by the Commission the Interim Filing Procedures 
Order. In the Interim Filing Procedures Order, due to emergency events 
in Washington, DC arising from the September 11, 2001 terrorist 
attacks, the Commission amended its procedural rules ``on an emergency, 
interim basis . . . to extend the period of filing a request for 
review, or applications for review arising from [USAC-related] 
proceedings, from the current 30 day period to 60 days, to 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 
pleadings.'' until further notice. Subsequently, in April 2003, the 
Commission released the Schools and Libraries Second Report and Order, 
68 FR 36931, June 20, 2003, which permanently extended the deadline for 
filing initial appeals with USAC or the Commission to 60 days. The 
Schools and Libraries Second Report and Order did not, however, address 
the extended filing period for applications for review. Subsequently, 
the Commission rescinded all other emergency filing procedures adopted 
in late 2001 with the exception of the emergency filing procedures 
established in the Interim Filing Procedures Order. By this Order, we 
therefore rescind the interim filing procedures established by the 
Commission in the Interim Filing Procedures Order. As stated by the 
Commission in the Interim Filing Procedures Rescission Order, mail 
delivery in the Washington, DC area has greatly improved since 2001 and 
the United States Postal Service has greatly reduced the delay in 
processing mail. Also, the Commission has since 2001 expanded it 
electronic filing capabilities, and implemented its own processes to 
combat the threat of contamination of incoming mail. Given these 
circumstances, we conclude that the interim electronic filing 
procedures adopted by the Commission in 2001 are no longer necessary. 
Accordingly, we rescind those procedures, effective 30 days after 
publication of this Order in the Federal Register. Thereafter, filings 
of applications for review arising from USAC-related proceedings will 
no longer be accepted by facsimile or email and will be due within 30 
days from public notice of such action, as provided in the Commission's 
rules. Once these clarifications take effect, the Bureau will issue a 
Public Notice announcing their effectiveness and explaining the correct 
procedures.
    3. This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified information collection burden for small business 
concerns with fewer than 25 employees, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).
    4. 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 interim electronic filing procedures adopted in the Interim 
Filing Procedures Order, FCC 01-376, are rescinded.
    5. It is further ordered that the rescission of the interim 
electronic filing procedures adopted in the Interim Filing Procedures 
Order shall become effective August 16, 2013.


[[Page 42700]]


Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-17055 Filed 7-16-13; 8:45 am]
BILLING CODE 6712-01-P
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