The Commission's Rules of Practice and Procedure Relating to the Filing of Formal Complaints and Pole Attachment Complaints, 73844-73848 [2014-28736]
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Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any
Indian reservation land or in any other
area where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
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the U.S. House of Representatives, and
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cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
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Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 10, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Lead.
Dated: November 19, 2014.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
§ 52.2270
[Amended]
2. In § 52.2270(c), the table titled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended by removing the
centered headings and entries for
‘‘Chapter 113 (Reg 3)—Control of Air
Pollution From Toxic Materials’’.
■
[FR Doc. 2014–29146 Filed 12–11–14; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[GC Docket No. 10–44; FCC 14–179]
The Commission’s Rules of Practice
and Procedure Relating to the Filing of
Formal Complaints and Pole
Attachment Complaints
Federal Communications
Commission.
ACTION: Final rules.
AGENCY:
This document amends
procedural rules implemented by the
Commission’s 2011 determination that
docketing and electronic filing be
utilized in proceedings involving
‘‘[n]ewly filed formal common carrier
SUMMARY:
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complaints and newly filed pole
attachment complaints before the
Enforcement Bureau.’’ The rule changes
also apply to future filings made in
existing Section 208 formal complaints
and pole attachment complaints. In
addition, the amendments make a few
procedural changes to existing Section
208 formal complaint and pole
attachment complaint filing rules to
create uniformity among them and ease
of administration for parties and staff
when initiating service of pleadings or
filing confidential matters with the
Commission. The rules further establish
a single electronic inbox within
Electronic Comment Filing System
(ECFS) to handle the initial filing of the
above-identified new complaints.
Accepted complaints will receive a
distinct ECFS docket number; rejected
complaints will remain on ECFS but
will be stored within the Inbox.
DATES: Effective January 12, 2015.
FOR FURTHER INFORMATION CONTACT:
Tracy Bridgham, Enforcement Bureau,
Federal Communications Commission,
Tracy.Bridgham@fcc.gov, (202) 418–
0967.
SUPPLEMENTARY INFORMATION: This
document, adopted on November 5,
2014 and released on November 12,
2014, GC Docket No. 10–44, FCC 14–
179, revises several sections of 47 CFR
part 1. The rule changes will facilitate
and enhance public participation in
Commission section 208 formal
complaint and section 224 pole
attachment complaint proceedings,
thereby making the Commission’s
decision-making process more efficient,
modern, and transparent.
Regulatory Flexibility Act. The actions
taken in this 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
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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.
Accordingly, it is ordered, pursuant to
sections 4(i), 4(j), 208, and 224 of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j), 208,
224, that the rules set forth are adopted,
effective 30 days after the date of
publication in the Federal Register.
It is further ordered, pursuant to
sections 4(i), 4(j), 208, and 224 of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j), 208,
224, and § 1.3 of the Commission’s
rules, 47 CFR 1.3, that, effective upon
release of this Order, §§ 1.720, 1.721,
1.727, 1.731, 1.732, 1.733, 1.734, 1.735,
1.1403, 1.1404, and 1.1408 of the
Commission’s rules, 47 CFR 1.720,
1.721, 1.727, 1.731, 1.732, 1.733, 1.734,
1.735, 1.1403, 1.1404, 1.1408, are
waived to the extent necessary to permit
online electronic filing in accordance
with the processes discussed in this
Order. This waiver shall be effective ten
days after release of this Order and until
the effective date of the rule changes
ordered in the previous paragraph.
List of Subjects in 47 CFR Part 1
Administrative practice and
procedure; Telecommunications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final rules
For the reasons discussed in this
preamble, the Federal Communications
Commission amends 47 CFR part 1 as
follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for 47 CFR
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.
2. Section 1.720 is amended by
revising paragraph (j) to read as follows:
■
§ 1.720
General pleading requirements.
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(j) Pleadings shall identify the name,
address, telephone number, and email
address for either the filing party’s
attorney or, where a party is not
represented by an attorney, the filing
party.
■ 3. Section 1.721 is amended by
revising paragraphs (a)(3) and (5) to read
as follows:
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§ 1.721
Format and content of complaints.
(a) * * *
(3) The name, address, telephone
number, and email address of
complainant’s attorney, if represented
by counsel;
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(5) Assertions based on information
and belief are expressly prohibited
unless made in good faith and
accompanied by an affidavit explaining
the basis for the complainant’s belief
and why the complainant could not
reasonably ascertain the facts from the
defendant or any other source;
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■ 4. Section 1.727 is revised to read as
follows:
§ 1.727
Motions.
(a) A request to the Commission for an
order shall be by written motion, stating
with particularity the grounds and
authority therefor, and setting forth the
relief or order sought.
(b) All dispositive motions shall
contain proposed findings of fact and
conclusions of law, with supporting
legal analysis, relevant to the contents of
the pleading. Motions to compel
discovery must contain a certification
by the moving party that a good faith
attempt to resolve the dispute was made
prior to filing the motion. All facts
relied upon in motions must be
supported by documentation or
affidavits pursuant to the requirements
of § 1.720(c), except for those facts of
which official notice may be taken.
(c) Oppositions to motions may be
filed and served within five business
days after the motion is filed and served
and not after. Oppositions shall be
limited to the specific issues and
allegations contained in such motion;
when a motion is incorporated in an
answer to a complaint, the opposition to
such motion shall not address any
issues presented in the answer that are
not also specifically raised in the
motion. Failure to oppose any motion
may constitute grounds for granting of
the motion.
(d) No reply may be filed to an
opposition to a motion.
(e) Motions seeking an order that the
allegations in the complaint be made
more definite and certain are prohibited.
(f) Amendments or supplements to
complaints to add new claims or
requests for relief are prohibited. Parties
are responsible, however, for the
continuing accuracy and completeness
of all information and supporting
authority furnished in a pending
complaint proceeding as required under
§ 1.720(g).
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5. Section 1.731 is revised to read as
follows:
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§ 1.731 Confidentiality of information
produced or exchanged.
(a) Any materials generated in the
course of a formal complaint proceeding
may be designated as proprietary by
either party to the proceeding or a third
party if the party believes in good faith
that the materials fall within an
exemption to disclosure contained in
the Freedom of Information Act (FOIA),
5 U.S.C. 552(b)(1) through (9). Any party
asserting confidentiality for such
materials must:
(1) Clearly mark each page, or portion
thereof, for which a proprietary
designation is claimed. If a proprietary
designation is challenged, the party
claiming confidentiality shall have the
burden of demonstrating, by a
preponderance of the evidence, that the
materials designated as proprietary fall
under the standards for nondisclosure
enunciated in the FOIA.
(2) File with the Commission, using
the Commission’s Electronic Comment
Filing System, a public version of the
materials that redacts any proprietary
information and clearly marks each page
of the redacted public version with a
header stating ‘‘Public Version.’’ The
redacted document shall be machinereadable whenever technically possible.
Where the document to be filed
electronically contains metadata that is
confidential or protected from
disclosure by a legal privilege
(including, for example, the attorneyclient privilege), the filer may remove
such metadata from the document
before filing it electronically.
(3) File with the Secretary’s Office an
unredacted hard copy version of the
materials that contains the proprietary
information and clearly marks each page
of the unredacted confidential version
with a header stating ‘‘Confidential
Version.’’ The unredacted version must
be filed on the same day as the redacted
version.
(4) Serve one hard copy of the filed
unredacted materials and one hard copy
of the filed redacted materials on the
attorney of record for each party to the
proceeding, or, where a party is not
represented by an attorney, each party
to the proceeding either by hand
delivery, overnight delivery, or email,
together with a proof of such service in
accordance with the requirements of
§§ 1.47(g) and 1.735(f)(1) through (3);
(b) Except as provided in paragraph
(c) of this section, materials marked as
proprietary may be disclosed solely to
the following persons, only for use in
prosecuting or defending a party to the
complaint action, and only to the extent
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necessary to assist in the prosecution or
defense of the case:
(1) Counsel of record representing the
parties in the complaint action and any
support personnel employed by such
attorneys;
(2) Officers or employees of the
opposing party who are named by the
opposing party as being directly
involved in the prosecution or defense
of the case;
(3) Consultants or expert witnesses
retained by the parties;
(4) The Commission and its staff; and
(5) Court reporters and stenographers
in accordance with the terms and
conditions of this section.
(c) The Commission will entertain,
subject to a proper showing under
§ 0.459 of this chapter, a party’s request
to further restrict individuals’ access to
proprietary information. Pursuant to
§ 0.459 of this chapter, the other parties
will have an opportunity to respond to
such requests. Requests and responses
to requests may not be submitted by
means of the Commission’s Electronic
Comment Filing System but instead
must be filed under seal with the Office
of the Secretary.
(d) The individuals identified above
in paragraph (b)(1) through (3) shall not
disclose information designated as
proprietary to any person who is not
authorized under this section to receive
such information, and shall not use the
information in any activity or function
other than the prosecution or defense in
the case before the Commission. Each
individual who is provided access to the
information shall sign a notarized
statement affirmatively stating that the
individual has personally reviewed the
Commission’s rules and understands the
limitations they impose on the signing
party.
(e) No copies of materials marked
proprietary may be made except copies
to be used by persons designated in
paragraphs (b)(1) through (3) and (c) of
this section. Each party shall maintain
a log recording the number of copies
made of all proprietary material and the
persons to whom the copies have been
provided.
(f) Upon termination of the formal
complaint proceeding, including all
appeals and petitions, all originals and
reproductions of any proprietary
materials, along with the log recording
persons who received copies of such
materials, shall be provided to the
producing party. In addition, upon final
termination of the proceeding, any notes
or other work product derived in whole
or in part from the proprietary materials
of an opposing or third party shall be
destroyed.
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6. Section 1.732 is amended by
removing paragraph (e) and
redesignating paragraphs (f) through (h)
as (e) through (g) and revising them to
read as follows:
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§ 1.732 Other Required Written
Submissions.
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(e) Initial briefs shall be no longer
than twenty-five pages. Reply briefs
shall be no longer than ten pages. Either
on its own motion or upon proper
motion by a party, the Commission staff
may establish other page limits for
briefs.
(f) The Commission may require the
parties to submit any additional
information it deems appropriate for a
full, fair, and expeditious resolution of
the proceeding, including affidavits and
exhibits.
(g) The parties shall submit a joint
statement of stipulated facts, disputed
facts, and key legal issues no later than
two business days prior to the initial
status conference, scheduled in
accordance with the provisions of
§ 1.733(a).
■ 7. Section 1.733 is amended by
revising paragraphs (f)(1) and (2) to read
as follows:
§ 1.733
Status conference.
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(f) * * *
(1) Submit a joint proposed order
memorializing the oral rulings made
during the conference to the
Commission by midnight, Eastern Time,
on the business day following the date
of the status conference, or as otherwise
directed by Commission staff. In the
event the parties in attendance cannot
reach agreement as to the rulings that
were made, the joint proposed order
shall include the rulings on which the
parties agree, and each party’s
alternative proposed rulings for those
rulings on which they cannot agree.
Commission staff will review and make
revisions, if necessary, prior to signing
and filing the submission as part of the
record. The proposed order shall be
filed using the Commission’s Electronic
Comment Filing System; or
(2) Pursuant to the requirements of
paragraph (e) of this section, submit to
the Commission by midnight, Eastern
Time, on the third business day
following the status conference or as
otherwise directed by Commission staff
either:
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■ 8. Section 1.734 is amended by
removing paragraph (d) and revising
paragraph (c) to read as follows:
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§ 1.734 Specifications as to pleadings,
briefs, and other documents; subscription.
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(c) The original of all pleadings and
other submissions filed by any party
shall be signed by the party, or by the
party’s attorney. The signing party shall
include in the document his or her
address, telephone number, email
address, and the date on which the
document was signed. Copies should be
conformed to the original. Unless
specifically required by rule or statute,
pleadings need not be verified. The
signature of an attorney or party, in
accordance with the requirements of
§ 1.52, shall be a certificate that the
attorney or party has read the pleading,
motion, or other paper; that to the best
of his or her knowledge, information,
and belief formed after reasonable
inquiry, it is well grounded in fact and
is warranted by existing law or a good
faith argument for the extension,
modification, or reversal of existing law;
and that it is not interposed solely for
purposes of delay or for any other
improper purpose.
■ 9. Section 1.735 is revised to read as
follows:
§ 1.735 Fee remittance; electronic filing;
copies; service; separate filings against
multiple defendants.
(a) Complaints may generally be
brought against only one named carrier;
such actions may not be brought against
multiple defendants unless the
defendant carriers are commonly owned
or controlled, are alleged to have acted
in concert, are alleged to be jointly
liable to complainant, or the complaint
concerns common questions of law or
fact. Complaints may, however, be
consolidated by the Commission for
disposition.
(b) The complainant shall remit
separately the correct fee either by
check, wire transfer, or electronically, in
accordance with part 1, subpart G (see
§ 1.1106 of this chapter) and, shall file
an original copy of the complaint, using
the Commission’s Electronic Comment
Filing System, and, on the same day:
(1) If the complaint is filed against a
carrier concerning matters within the
responsibility of the International
Bureau (see § 0.261 of this chapter),
serve, by email, a copy on the Chief,
Policy Division, International Bureau;
and
(2) If a complaint is addressed against
multiple defendants, pay a separate fee,
in accordance with part 1, subpart G
(see § 1.1106), for each additional
defendant.
(c) The complainant shall serve the
complaint by hand delivery on either
the named defendant or one of the
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named defendant’s registered agents for
service of process on the same date that
the complaint is filed with the
Commission in accordance with the
requirements of paragraph (b) of this
section.
(d) Upon receipt of the complaint by
the Commission, the Commission shall
promptly send, by email, to each
defendant named in the complaint,
notice of the filing of the complaint. The
Commission shall send, by email, to
each defendant named in the complaint,
a copy of the complaint. The
Commission shall additionally send, by
email, to all parties, a schedule detailing
the date the answer and any other
applicable pleading will be due and the
date, time, and location of the initial
status conference.
(e) Parties shall provide hard copies of
all submissions to staff in the Market
Disputes Resolution Division of the
Enforcement Bureau upon request.
(f) All subsequent pleadings and
briefs filed in any formal complaint
proceeding, as well as all letters,
documents, or other written
submissions, shall be filed using the
Commission’s Electronic Comment
Filing System. In addition, all pleadings
and briefs filed in any formal complaint
proceeding, as well as all letters,
documents, or other written
submissions, shall be served by the
filing party on the attorney of record for
each party to the proceeding, or, where
a party is not represented by an
attorney, each party to the proceeding
either by hand delivery, overnight
delivery, or email, together with a proof
of such service in accordance with the
requirements of § 1.47(g). Service is
deemed effective as follows:
(1) Service by hand delivery that is
delivered to the office of the recipient
by 5:30 p.m., local time of the recipient,
on a business day will be deemed
served that day. Service by hand
delivery that is delivered to the office of
the recipient after 5:30 p.m., local time
of the recipient, on a business day will
be deemed served on the following
business day;
(2) Service by overnight delivery will
be deemed served the business day
following the day it is accepted for
overnight delivery by a reputable
overnight delivery service; or
(3) Service by email that is fully
transmitted to the office of the recipient
by 5:30 p.m., local time of the recipient,
on a business day will be deemed
served that day. Service by email that is
fully transmitted to the office of the
recipient after 5:30 p.m., local time of
the recipient, on a business day will be
deemed served on the following
business day.
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(g) Supplemental complaint
proceedings. Supplemental complaints
filed pursuant to § 1.722 shall conform
to the requirements set forth in this
section, except that the complainant
need not submit a filing fee, and the
complainant may effect service pursuant
to subsection (e) and (f) of this section
rather than paragraph (c) of this section.
■ 10. Section 1.1403 is amended by
revising paragraph (d) to read as
follows:
§ 1.1403 Duty to provide access;
modifications; notice of removal, increase
or modification; petition for temporary stay;
and cable operator notice.
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(d) A cable television system operator
or telecommunications carrier may file
a ‘‘Petition for Temporary Stay’’ of the
action contained in a notice received
pursuant to paragraph (c) of this section
within 15 days of receipt of such notice.
Such submission shall not be
considered unless it includes, in concise
terms, the relief sought, the reasons for
such relief, including a showing of
irreparable harm and likely cessation of
cable television service or
telecommunication service, a copy of
the notice, and certification of service as
required by § 1.1404(b). The named
respondent may file an answer within 7
days of the date the Petition for
Temporary Stay was filed. No further
filings under this section will be
considered unless requested or
authorized by the Commission and no
extensions of time will be granted
unless justified pursuant to § 1.46.
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■ 11. Section 1.1404 is amended by
revising paragraph (a) to read as follows:
§ 1.1404
Complaint.
(a) The complaint shall contain the
name, address, telephone number, and
email address of the complainant; name,
address, telephone number, and email
address of the respondent; and a
verification (in accordance with the
requirements of § 1.52), signed by the
complainant or officer thereof if
complainant is a corporation, showing
complainant’s direct interest in the
matter complained of. Counsel for the
complainant may sign the complaint.
Complainants may join together to file
a joint complaint. Complaints filed by
associations shall specifically identify
each utility, cable television system
operator, or telecommunications carrier
who is a party to the complaint and
shall be accompanied by a document
from each identified member certifying
that the complaint is being filed on its
behalf.
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12. Section 1.1408 is revised to read
as follows:
■
§ 1.1408 Fee remittance; electronic filing;
service; number of copies; form of
pleadings; and proprietary materials.
(a) The complainant shall remit
separately the correct fee either by
check, wire transfer, or electronically, in
accordance with part 1, subpart G (see
§ 1.1106) and, shall file an original copy
of the complaint, using the
Commission’s Electronic Comment
Filing System. The original of the
response and reply, as well as all other
written submissions, shall be filed with
the Commission using the Commission’s
Electronic Comment Filing System.
Service must be made in accordance
with the requirements of § 1.735(b), (c),
(e), and (f).
(b) All papers filed in the complaint
proceeding must be drawn in
conformity with the requirements of
§§ 1.49, 1.50, and 1.52.
(c) Any materials generated in the
course of a pole attachment complaint
proceeding may be designated as
proprietary by either party to the
proceeding or a third party if the party
believes in good faith that the materials
fall within an exemption to disclosure
contained in the Freedom of
Information Act (FOIA), 5 U.S.C.
552(b)(1) through (9). Any party
asserting confidentiality for such
materials must:
(1) Clearly mark each page, or portion
thereof, for which a proprietary
designation is claimed. If a proprietary
designation is challenged, the party
claiming confidentiality shall have the
burden of demonstrating, by a
preponderance of the evidence, that the
materials designated as proprietary fall
under the standards for nondisclosure
enunciated in the FOIA.
(2) File with the Commission, using
the Commission’s Electronic Comment
Filing System, a public version of the
materials that redacts any proprietary
information and clearly marks each page
of the redacted public version with a
header stating ‘‘Public Version.’’ The
redacted document shall be machinereadable whenever technically possible.
Where the document to be filed
electronically contains metadata that is
confidential or protected from
disclosure by a legal privilege
(including, for example, the attorneyclient privilege), the filer may remove
such metadata from the document
before filing it electronically.
(3) File with the Secretary’s Office an
unredacted hard copy version of the
materials that contains the proprietary
information and clearly marks each page
of the unredacted confidential version
E:\FR\FM\12DER1.SGM
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73848
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with a header stating ‘‘Confidential
Version.’’ The unredacted version must
be filed on the same day as the redacted
version.
(4) Serve one hard copy of the filed
unredacted materials and one hard copy
of the filed redacted materials on the
attorney of record for each party to the
proceeding, or, where a party is not
represented by an attorney, each party
to the proceeding either by hand
delivery, overnight delivery, or email,
together with a proof of such service in
accordance with the requirements of
§§ 1.47(g) and 1.735(f)(1) through (3) of
this chapter;
(d) Except as provided in paragraph
(e) of this section, materials marked as
proprietary may be disclosed solely to
the following persons, only for use in
prosecuting or defending a party to the
complaint action, and only to the extent
necessary to assist in the prosecution or
defense of the case:
(1) Counsel of record representing the
parties in the complaint action and any
support personnel employed by such
attorneys;
(2) Officers or employees of the
opposing party who are named by the
opposing party as being directly
involved in the prosecution or defense
of the case;
(3) Consultants or expert witnesses
retained by the parties;
(4) The Commission and its staff; and
(5) Court reporters and stenographers
in accordance with the terms and
conditions of this section.
(e) The Commission will entertain,
subject to a proper showing under
§ 0.459 of this chapter, a party’s request
to further restrict access to proprietary
information. Pursuant to § 0.459 of this
chapter, the other parties will have an
opportunity to respond to such requests.
Requests and responses to requests may
not be submitted by means of the
Commission’s Electronic Comment
Filing System but instead must be filed
under seal with the Office of the
Secretary.
(f) The individuals identified in
paragraphs (d)(1) through (3) of this
section shall not disclose information
designated as proprietary to any person
who is not authorized under this section
to receive such information, and shall
not use the information in any activity
or function other than the prosecution
or defense in the case before the
Commission. Each individual who is
provided access to the information shall
sign a notarized statement affirmatively
stating that the individual has
personally reviewed the Commission’s
rules and understands the limitations
they impose on the signing party.
VerDate Sep<11>2014
14:38 Dec 11, 2014
Jkt 235001
(g) No copies of materials marked
proprietary may be made except copies
to be used by persons designated in
paragraphs (d) and (e) of this section.
Each party shall maintain a log
recording the number of copies made of
all proprietary material and the persons
to whom the copies have been provided.
(h) Upon termination of the pole
attachment complaint proceeding,
including all appeals and petitions, all
originals and reproductions of any
proprietary materials, along with the log
recording persons who received copies
of such materials, shall be provided to
the producing party. In addition, upon
final termination of the proceeding, any
notes or other work product derived in
whole or in part from the proprietary
materials of an opposing or third party
shall be destroyed.
[FR Doc. 2014–28736 Filed 12–11–14; 8:45 am]
BILLING CODE 6712–01–P
Management Area closure dates to
February 1 through March 31.
DATES: Effective December 12, 2014.
ADDRESSES: Copies of the supporting
documents for this action, as well as the
Atlantic Large Whale Take Reduction
Team meeting summaries and
supporting documents, may be obtained
from the Plan Web site (https://
www.greateratlantic.fisheries.noaa.gov/
protected/whaletrp/) or by
writing to Kate Swails, NMFS, Greater
Atlantic Regional Fisheries Office,
Protected Resources Division, 55 Great
Republic Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Kate
Swails, NMFS Greater Atlantic Regional
Fisheries, 978–282–8481, Kate.Swails@
noaa.gov; or, Kristy Long, NMFS Office
of Protected Resources, 206–526–4792,
Kristy.Long@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 229 and 697
[Docket No. 141002823–4999–02]
RIN 0648–BE57
Taking of Marine Mammals Incidental
to Commercial Fishing Operations and
Atlantic Coastal Fisheries Cooperative
Management Act Provisions; American
Lobster Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
amend the regulations implementing the
Atlantic Large Whale Take Reduction
Plan to modify the start date of the
Massachusetts Restricted Area to begin
on February 1, 2015, and to expand the
Massachusetts Restricted Area by 912
square miles. In addition, this rule will
revise the Federal lobster regulations to
be consistent with the revised start date
of the Massachusetts Restricted Area.
Recent Federal lobster regulations
closed the Outer Cape Lobster
Management Area to lobster trap fishing
from January 15 through March 15,
which is consistent with the lobster trap
haul-out period in the Atlantic States
Marine Fisheries Commission’s
Interstate Fishery Management Plan for
American Lobster. This rule would
adjust the Outer Cape Lobster
SUMMARY:
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
This final rule combines two
regulatory modifications that are
authorized under different statutes.
Specifically, this action amends the
regulations implementing: (1) The
Atlantic Large Whale Plan (Plan)
regulations found at 50 CFR part 229
under the authority of the MMPA; and
(2) the Federal American lobster Fishery
Management Plan regulations found at
50 CFR part 697 under the authority of
the Atlantic Coastal Fisheries
Cooperative Management Act.
NMFS published a final rule
implementing an amendment to the
Plan on June 27, 2014 (79 FR 36586) to
address large whale entanglement risks
associated with vertical line (or buoy
lines) from commercial trap/pot
fisheries. That amendment included
gear modifications, gear setting
requirements, a seasonal closure
(Massachusetts Restricted Area) and
gear marking for both the trap/pot and
the gillnet fisheries. The Massachusetts
Restricted Area is a seasonal closure
effective January 1 through April 30 for
all trap/pot fisheries. Trap/pot fisheries
account for the largest number of
vertical lines in the water column.
In September 2010, in consultation
with the Atlantic Large Whale Take
Reduction Team (Team), NMFS
developed protocols for considering
modifications or exemptions to the
regulations implementing the Plan.
Following these protocols, on August
18, 2014, the Massachusetts Division of
Marine Fisheries (DMF) submitted a
proposal to modify the Massachusetts
Restricted Area and exempt several
areas from the gear setting requirements
to address safety and economic
E:\FR\FM\12DER1.SGM
12DER1
]]>Agencies
[Federal Register Volume 79, Number 239 (Friday, December 12, 2014)]
[Rules and Regulations]
[Pages 73844-73848]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28736]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[GC Docket No. 10-44; FCC 14-179]
The Commission's Rules of Practice and Procedure Relating to the
Filing of Formal Complaints and Pole Attachment Complaints
AGENCY: Federal Communications Commission.
ACTION: Final rules.
-----------------------------------------------------------------------
SUMMARY: This document amends procedural rules implemented by the
Commission's 2011 determination that docketing and electronic filing be
utilized in proceedings involving ``[n]ewly filed formal common carrier
complaints and newly filed pole attachment complaints before the
Enforcement Bureau.'' The rule changes also apply to future filings
made in existing Section 208 formal complaints and pole attachment
complaints. In addition, the amendments make a few procedural changes
to existing Section 208 formal complaint and pole attachment complaint
filing rules to create uniformity among them and ease of administration
for parties and staff when initiating service of pleadings or filing
confidential matters with the Commission. The rules further establish a
single electronic inbox within Electronic Comment Filing System (ECFS)
to handle the initial filing of the above-identified new complaints.
Accepted complaints will receive a distinct ECFS docket number;
rejected complaints will remain on ECFS but will be stored within the
Inbox.
DATES: Effective January 12, 2015.
FOR FURTHER INFORMATION CONTACT: Tracy Bridgham, Enforcement Bureau,
Federal Communications Commission, Tracy.Bridgham@fcc.gov, (202) 418-
0967.
SUPPLEMENTARY INFORMATION: This document, adopted on November 5, 2014
and released on November 12, 2014, GC Docket No. 10-44, FCC 14-179,
revises several sections of 47 CFR part 1. The rule changes will
facilitate and enhance public participation in Commission section 208
formal complaint and section 224 pole attachment complaint proceedings,
thereby making the Commission's decision-making process more efficient,
modern, and transparent.
Regulatory Flexibility Act. The actions taken in this 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
[[Page 73845]]
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.
Accordingly, it is ordered, pursuant to sections 4(i), 4(j), 208,
and 224 of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 154(j), 208, 224, that the rules set forth are adopted,
effective 30 days after the date of publication in the Federal
Register.
It is further ordered, pursuant to sections 4(i), 4(j), 208, and
224 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
154(j), 208, 224, and Sec. 1.3 of the Commission's rules, 47 CFR 1.3,
that, effective upon release of this Order, Sec. Sec. 1.720, 1.721,
1.727, 1.731, 1.732, 1.733, 1.734, 1.735, 1.1403, 1.1404, and 1.1408 of
the Commission's rules, 47 CFR 1.720, 1.721, 1.727, 1.731, 1.732,
1.733, 1.734, 1.735, 1.1403, 1.1404, 1.1408, are waived to the extent
necessary to permit online electronic filing in accordance with the
processes discussed in this Order. This waiver shall be effective ten
days after release of this Order and until the effective date of the
rule changes ordered in the previous paragraph.
List of Subjects in 47 CFR Part 1
Administrative practice and procedure; Telecommunications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final rules
For the reasons discussed in this preamble, the Federal
Communications Commission amends 47 CFR part 1 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for 47 CFR 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 1.720 is amended by revising paragraph (j) to read as
follows:
Sec. 1.720 General pleading requirements.
* * * * *
(j) Pleadings shall identify the name, address, telephone number,
and email address for either the filing party's attorney or, where a
party is not represented by an attorney, the filing party.
0
3. Section 1.721 is amended by revising paragraphs (a)(3) and (5) to
read as follows:
Sec. 1.721 Format and content of complaints.
(a) * * *
(3) The name, address, telephone number, and email address of
complainant's attorney, if represented by counsel;
* * * * *
(5) Assertions based on information and belief are expressly
prohibited unless made in good faith and accompanied by an affidavit
explaining the basis for the complainant's belief and why the
complainant could not reasonably ascertain the facts from the defendant
or any other source;
* * * * *
0
4. Section 1.727 is revised to read as follows:
Sec. 1.727 Motions.
(a) A request to the Commission for an order shall be by written
motion, stating with particularity the grounds and authority therefor,
and setting forth the relief or order sought.
(b) All dispositive motions shall contain proposed findings of fact
and conclusions of law, with supporting legal analysis, relevant to the
contents of the pleading. Motions to compel discovery must contain a
certification by the moving party that a good faith attempt to resolve
the dispute was made prior to filing the motion. All facts relied upon
in motions must be supported by documentation or affidavits pursuant to
the requirements of Sec. 1.720(c), except for those facts of which
official notice may be taken.
(c) Oppositions to motions may be filed and served within five
business days after the motion is filed and served and not after.
Oppositions shall be limited to the specific issues and allegations
contained in such motion; when a motion is incorporated in an answer to
a complaint, the opposition to such motion shall not address any issues
presented in the answer that are not also specifically raised in the
motion. Failure to oppose any motion may constitute grounds for
granting of the motion.
(d) No reply may be filed to an opposition to a motion.
(e) Motions seeking an order that the allegations in the complaint
be made more definite and certain are prohibited.
(f) Amendments or supplements to complaints to add new claims or
requests for relief are prohibited. Parties are responsible, however,
for the continuing accuracy and completeness of all information and
supporting authority furnished in a pending complaint proceeding as
required under Sec. 1.720(g).
0
5. Section 1.731 is revised to read as follows:
Sec. 1.731 Confidentiality of information produced or exchanged.
(a) Any materials generated in the course of a formal complaint
proceeding may be designated as proprietary by either party to the
proceeding or a third party if the party believes in good faith that
the materials fall within an exemption to disclosure contained in the
Freedom of Information Act (FOIA), 5 U.S.C. 552(b)(1) through (9). Any
party asserting confidentiality for such materials must:
(1) Clearly mark each page, or portion thereof, for which a
proprietary designation is claimed. If a proprietary designation is
challenged, the party claiming confidentiality shall have the burden of
demonstrating, by a preponderance of the evidence, that the materials
designated as proprietary fall under the standards for nondisclosure
enunciated in the FOIA.
(2) File with the Commission, using the Commission's Electronic
Comment Filing System, a public version of the materials that redacts
any proprietary information and clearly marks each page of the redacted
public version with a header stating ``Public Version.'' The redacted
document shall be machine-readable whenever technically possible. Where
the document to be filed electronically contains metadata that is
confidential or protected from disclosure by a legal privilege
(including, for example, the attorney-client privilege), the filer may
remove such metadata from the document before filing it electronically.
(3) File with the Secretary's Office an unredacted hard copy
version of the materials that contains the proprietary information and
clearly marks each page of the unredacted confidential version with a
header stating ``Confidential Version.'' The unredacted version must be
filed on the same day as the redacted version.
(4) Serve one hard copy of the filed unredacted materials and one
hard copy of the filed redacted materials on the attorney of record for
each party to the proceeding, or, where a party is not represented by
an attorney, each party to the proceeding either by hand delivery,
overnight delivery, or email, together with a proof of such service in
accordance with the requirements of Sec. Sec. 1.47(g) and 1.735(f)(1)
through (3);
(b) Except as provided in paragraph (c) of this section, materials
marked as proprietary may be disclosed solely to the following persons,
only for use in prosecuting or defending a party to the complaint
action, and only to the extent
[[Page 73846]]
necessary to assist in the prosecution or defense of the case:
(1) Counsel of record representing the parties in the complaint
action and any support personnel employed by such attorneys;
(2) Officers or employees of the opposing party who are named by
the opposing party as being directly involved in the prosecution or
defense of the case;
(3) Consultants or expert witnesses retained by the parties;
(4) The Commission and its staff; and
(5) Court reporters and stenographers in accordance with the terms
and conditions of this section.
(c) The Commission will entertain, subject to a proper showing
under Sec. 0.459 of this chapter, a party's request to further
restrict individuals' access to proprietary information. Pursuant to
Sec. 0.459 of this chapter, the other parties will have an opportunity
to respond to such requests. Requests and responses to requests may not
be submitted by means of the Commission's Electronic Comment Filing
System but instead must be filed under seal with the Office of the
Secretary.
(d) The individuals identified above in paragraph (b)(1) through
(3) shall not disclose information designated as proprietary to any
person who is not authorized under this section to receive such
information, and shall not use the information in any activity or
function other than the prosecution or defense in the case before the
Commission. Each individual who is provided access to the information
shall sign a notarized statement affirmatively stating that the
individual has personally reviewed the Commission's rules and
understands the limitations they impose on the signing party.
(e) No copies of materials marked proprietary may be made except
copies to be used by persons designated in paragraphs (b)(1) through
(3) and (c) of this section. Each party shall maintain a log recording
the number of copies made of all proprietary material and the persons
to whom the copies have been provided.
(f) Upon termination of the formal complaint proceeding, including
all appeals and petitions, all originals and reproductions of any
proprietary materials, along with the log recording persons who
received copies of such materials, shall be provided to the producing
party. In addition, upon final termination of the proceeding, any notes
or other work product derived in whole or in part from the proprietary
materials of an opposing or third party shall be destroyed.
0
6. Section 1.732 is amended by removing paragraph (e) and redesignating
paragraphs (f) through (h) as (e) through (g) and revising them to read
as follows:
Sec. 1.732 Other Required Written Submissions.
* * * * *
(e) Initial briefs shall be no longer than twenty-five pages. Reply
briefs shall be no longer than ten pages. Either on its own motion or
upon proper motion by a party, the Commission staff may establish other
page limits for briefs.
(f) The Commission may require the parties to submit any additional
information it deems appropriate for a full, fair, and expeditious
resolution of the proceeding, including affidavits and exhibits.
(g) The parties shall submit a joint statement of stipulated facts,
disputed facts, and key legal issues no later than two business days
prior to the initial status conference, scheduled in accordance with
the provisions of Sec. 1.733(a).
0
7. Section 1.733 is amended by revising paragraphs (f)(1) and (2) to
read as follows:
Sec. 1.733 Status conference.
* * * * *
(f) * * *
(1) Submit a joint proposed order memorializing the oral rulings
made during the conference to the Commission by midnight, Eastern Time,
on the business day following the date of the status conference, or as
otherwise directed by Commission staff. In the event the parties in
attendance cannot reach agreement as to the rulings that were made, the
joint proposed order shall include the rulings on which the parties
agree, and each party's alternative proposed rulings for those rulings
on which they cannot agree. Commission staff will review and make
revisions, if necessary, prior to signing and filing the submission as
part of the record. The proposed order shall be filed using the
Commission's Electronic Comment Filing System; or
(2) Pursuant to the requirements of paragraph (e) of this section,
submit to the Commission by midnight, Eastern Time, on the third
business day following the status conference or as otherwise directed
by Commission staff either:
* * * * *
0
8. Section 1.734 is amended by removing paragraph (d) and revising
paragraph (c) to read as follows:
Sec. 1.734 Specifications as to pleadings, briefs, and other
documents; subscription.
* * * * *
(c) The original of all pleadings and other submissions filed by
any party shall be signed by the party, or by the party's attorney. The
signing party shall include in the document his or her address,
telephone number, email address, and the date on which the document was
signed. Copies should be conformed to the original. Unless specifically
required by rule or statute, pleadings need not be verified. The
signature of an attorney or party, in accordance with the requirements
of Sec. 1.52, shall be a certificate that the attorney or party has
read the pleading, motion, or other paper; that to the best of his or
her knowledge, information, and belief formed after reasonable inquiry,
it is well grounded in fact and is warranted by existing law or a good
faith argument for the extension, modification, or reversal of existing
law; and that it is not interposed solely for purposes of delay or for
any other improper purpose.
0
9. Section 1.735 is revised to read as follows:
Sec. 1.735 Fee remittance; electronic filing; copies; service;
separate filings against multiple defendants.
(a) Complaints may generally be brought against only one named
carrier; such actions may not be brought against multiple defendants
unless the defendant carriers are commonly owned or controlled, are
alleged to have acted in concert, are alleged to be jointly liable to
complainant, or the complaint concerns common questions of law or fact.
Complaints may, however, be consolidated by the Commission for
disposition.
(b) The complainant shall remit separately the correct fee either
by check, wire transfer, or electronically, in accordance with part 1,
subpart G (see Sec. 1.1106 of this chapter) and, shall file an
original copy of the complaint, using the Commission's Electronic
Comment Filing System, and, on the same day:
(1) If the complaint is filed against a carrier concerning matters
within the responsibility of the International Bureau (see Sec. 0.261
of this chapter), serve, by email, a copy on the Chief, Policy
Division, International Bureau; and
(2) If a complaint is addressed against multiple defendants, pay a
separate fee, in accordance with part 1, subpart G (see Sec. 1.1106),
for each additional defendant.
(c) The complainant shall serve the complaint by hand delivery on
either the named defendant or one of the
[[Page 73847]]
named defendant's registered agents for service of process on the same
date that the complaint is filed with the Commission in accordance with
the requirements of paragraph (b) of this section.
(d) Upon receipt of the complaint by the Commission, the Commission
shall promptly send, by email, to each defendant named in the
complaint, notice of the filing of the complaint. The Commission shall
send, by email, to each defendant named in the complaint, a copy of the
complaint. The Commission shall additionally send, by email, to all
parties, a schedule detailing the date the answer and any other
applicable pleading will be due and the date, time, and location of the
initial status conference.
(e) Parties shall provide hard copies of all submissions to staff
in the Market Disputes Resolution Division of the Enforcement Bureau
upon request.
(f) All subsequent pleadings and briefs filed in any formal
complaint proceeding, as well as all letters, documents, or other
written submissions, shall be filed using the Commission's Electronic
Comment Filing System. In addition, all pleadings and briefs filed in
any formal complaint proceeding, as well as all letters, documents, or
other written submissions, shall be served by the filing party on the
attorney of record for each party to the proceeding, or, where a party
is not represented by an attorney, each party to the proceeding either
by hand delivery, overnight delivery, or email, together with a proof
of such service in accordance with the requirements of Sec. 1.47(g).
Service is deemed effective as follows:
(1) Service by hand delivery that is delivered to the office of the
recipient by 5:30 p.m., local time of the recipient, on a business day
will be deemed served that day. Service by hand delivery that is
delivered to the office of the recipient after 5:30 p.m., local time of
the recipient, on a business day will be deemed served on the following
business day;
(2) Service by overnight delivery will be deemed served the
business day following the day it is accepted for overnight delivery by
a reputable overnight delivery service; or
(3) Service by email that is fully transmitted to the office of the
recipient by 5:30 p.m., local time of the recipient, on a business day
will be deemed served that day. Service by email that is fully
transmitted to the office of the recipient after 5:30 p.m., local time
of the recipient, on a business day will be deemed served on the
following business day.
(g) Supplemental complaint proceedings. Supplemental complaints
filed pursuant to Sec. 1.722 shall conform to the requirements set
forth in this section, except that the complainant need not submit a
filing fee, and the complainant may effect service pursuant to
subsection (e) and (f) of this section rather than paragraph (c) of
this section.
0
10. Section 1.1403 is amended by revising paragraph (d) to read as
follows:
Sec. 1.1403 Duty to provide access; modifications; notice of removal,
increase or modification; petition for temporary stay; and cable
operator notice.
* * * * *
(d) A cable television system operator or telecommunications
carrier may file a ``Petition for Temporary Stay'' of the action
contained in a notice received pursuant to paragraph (c) of this
section within 15 days of receipt of such notice. Such submission shall
not be considered unless it includes, in concise terms, the relief
sought, the reasons for such relief, including a showing of irreparable
harm and likely cessation of cable television service or
telecommunication service, a copy of the notice, and certification of
service as required by Sec. 1.1404(b). The named respondent may file
an answer within 7 days of the date the Petition for Temporary Stay was
filed. No further filings under this section will be considered unless
requested or authorized by the Commission and no extensions of time
will be granted unless justified pursuant to Sec. 1.46.
* * * * *
0
11. Section 1.1404 is amended by revising paragraph (a) to read as
follows:
Sec. 1.1404 Complaint.
(a) The complaint shall contain the name, address, telephone
number, and email address of the complainant; name, address, telephone
number, and email address of the respondent; and a verification (in
accordance with the requirements of Sec. 1.52), signed by the
complainant or officer thereof if complainant is a corporation, showing
complainant's direct interest in the matter complained of. Counsel for
the complainant may sign the complaint. Complainants may join together
to file a joint complaint. Complaints filed by associations shall
specifically identify each utility, cable television system operator,
or telecommunications carrier who is a party to the complaint and shall
be accompanied by a document from each identified member certifying
that the complaint is being filed on its behalf.
* * * * *
0
12. Section 1.1408 is revised to read as follows:
Sec. 1.1408 Fee remittance; electronic filing; service; number of
copies; form of pleadings; and proprietary materials.
(a) The complainant shall remit separately the correct fee either
by check, wire transfer, or electronically, in accordance with part 1,
subpart G (see Sec. 1.1106) and, shall file an original copy of the
complaint, using the Commission's Electronic Comment Filing System. The
original of the response and reply, as well as all other written
submissions, shall be filed with the Commission using the Commission's
Electronic Comment Filing System. Service must be made in accordance
with the requirements of Sec. 1.735(b), (c), (e), and (f).
(b) All papers filed in the complaint proceeding must be drawn in
conformity with the requirements of Sec. Sec. 1.49, 1.50, and 1.52.
(c) Any materials generated in the course of a pole attachment
complaint proceeding may be designated as proprietary by either party
to the proceeding or a third party if the party believes in good faith
that the materials fall within an exemption to disclosure contained in
the Freedom of Information Act (FOIA), 5 U.S.C. 552(b)(1) through (9).
Any party asserting confidentiality for such materials must:
(1) Clearly mark each page, or portion thereof, for which a
proprietary designation is claimed. If a proprietary designation is
challenged, the party claiming confidentiality shall have the burden of
demonstrating, by a preponderance of the evidence, that the materials
designated as proprietary fall under the standards for nondisclosure
enunciated in the FOIA.
(2) File with the Commission, using the Commission's Electronic
Comment Filing System, a public version of the materials that redacts
any proprietary information and clearly marks each page of the redacted
public version with a header stating ``Public Version.'' The redacted
document shall be machine-readable whenever technically possible. Where
the document to be filed electronically contains metadata that is
confidential or protected from disclosure by a legal privilege
(including, for example, the attorney-client privilege), the filer may
remove such metadata from the document before filing it electronically.
(3) File with the Secretary's Office an unredacted hard copy
version of the materials that contains the proprietary information and
clearly marks each page of the unredacted confidential version
[[Page 73848]]
with a header stating ``Confidential Version.'' The unredacted version
must be filed on the same day as the redacted version.
(4) Serve one hard copy of the filed unredacted materials and one
hard copy of the filed redacted materials on the attorney of record for
each party to the proceeding, or, where a party is not represented by
an attorney, each party to the proceeding either by hand delivery,
overnight delivery, or email, together with a proof of such service in
accordance with the requirements of Sec. Sec. 1.47(g) and 1.735(f)(1)
through (3) of this chapter;
(d) Except as provided in paragraph (e) of this section, materials
marked as proprietary may be disclosed solely to the following persons,
only for use in prosecuting or defending a party to the complaint
action, and only to the extent necessary to assist in the prosecution
or defense of the case:
(1) Counsel of record representing the parties in the complaint
action and any support personnel employed by such attorneys;
(2) Officers or employees of the opposing party who are named by
the opposing party as being directly involved in the prosecution or
defense of the case;
(3) Consultants or expert witnesses retained by the parties;
(4) The Commission and its staff; and
(5) Court reporters and stenographers in accordance with the terms
and conditions of this section.
(e) The Commission will entertain, subject to a proper showing
under Sec. 0.459 of this chapter, a party's request to further
restrict access to proprietary information. Pursuant to Sec. 0.459 of
this chapter, the other parties will have an opportunity to respond to
such requests. Requests and responses to requests may not be submitted
by means of the Commission's Electronic Comment Filing System but
instead must be filed under seal with the Office of the Secretary.
(f) The individuals identified in paragraphs (d)(1) through (3) of
this section shall not disclose information designated as proprietary
to any person who is not authorized under this section to receive such
information, and shall not use the information in any activity or
function other than the prosecution or defense in the case before the
Commission. Each individual who is provided access to the information
shall sign a notarized statement affirmatively stating that the
individual has personally reviewed the Commission's rules and
understands the limitations they impose on the signing party.
(g) No copies of materials marked proprietary may be made except
copies to be used by persons designated in paragraphs (d) and (e) of
this section. Each party shall maintain a log recording the number of
copies made of all proprietary material and the persons to whom the
copies have been provided.
(h) Upon termination of the pole attachment complaint proceeding,
including all appeals and petitions, all originals and reproductions of
any proprietary materials, along with the log recording persons who
received copies of such materials, shall be provided to the producing
party. In addition, upon final termination of the proceeding, any notes
or other work product derived in whole or in part from the proprietary
materials of an opposing or third party shall be destroyed.
[FR Doc. 2014-28736 Filed 12-11-14; 8:45 am]
BILLING CODE 6712-01-P
