Amendment of the Commission's Rules of Practice and Procedure; Electronic Filing of Domestic Section 214 Applications and Notices of Network Changes, 1586-1589 [2015-00335]
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1586
Federal Register / Vol. 80, No. 8 / Tuesday, January 13, 2015 / Rules and Regulations
III. Procedural Requirements
asabaliauskas on DSK5VPTVN1PROD with RULES
A. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) generally requires
agencies to prepare a regulatory
flexibility analysis of any rule subject to
notice and comment rulemaking
requirements under the Administrative
Procedure Act or any other statute,
unless the agency certifies that this final
rule will not have a significant
economic impact on a substantial
number of small entities. The Council
hereby certifies that this final rule will
not have a significant economic impact
on a substantial number of small
entities, for the following reasons.
This final rule only affects those Gulf
Coast States that are eligible recipients
of these funds, and States are not
considered ‘‘small entities’’ under the
Regulatory Flexibility Act. For two Gulf
Coast States, Alabama and Florida, the
Act mandates that entities not officially
part of the Executive Office of the
State’s government develop the SEPs.
The Alabama Gulf Coast Recovery
Council, in the context of the Act, serves
as an administrative agent of the State
of Alabama, so the effects of this rule are
still directed solely at the State. For the
State of Florida, while the Gulf
Consortium of counties is tasked with
developing the SEP, it is a consortium
of 23 counties with a total population of
greater than 50,000. As such, neither
entity is considered ‘‘small entities’’
under the Regulatory Flexibility Act.
Additionally, while this final rule
describes procedures concerning the
allocation and expenditure of amounts
from the Trust Fund under the Spill
Impact Component, most of these
requirements come from the RESTORE
Act itself or other Federal law. The
RESTORE Act determines the statutory
minimum percentage of funds available
to the Gulf Coast States under the Spill
Impact Component.
Because no small entities will be
impacted by this final rule, no initial
regulatory flexibility analysis is
required, and none has been prepared.
B. Paperwork Reduction Act
The collections of information
contained in this final rule would at
most require submissions of grant
paperwork from five entities (four of the
Gulf Coast States, or their administrative
agents, and the Gulf Consortium) below
the threshold requirement for
application of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507(d)). As
such, any request for information under
this final rule is not considered a
‘‘collection of information’’ subject to
the Paperwork Reduction Act of 1995.
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C. Regulatory Planning and Review
(Executive Orders 12866 and 13563)
As an independent federal entity that
is composed of, in part, six federal
agencies, including the Departments of
Agriculture, the Army, Commerce, and
the Interior, the Department in which
the Coast Guard is operating, and the
Environmental Protection Agency, the
requirements of Executive Orders 12866
and 13563 are inapplicable to this final
rule.
List of Subjects in 40 CFR Part 1800
Coastal zone, Fisheries, Grant
programs, Grants administration, Gulf
Coast Restoration Trust Fund, Gulf
RESTORE Program, Intergovernmental
relations, Marine resources, Natural
resources, Oil pollution, Research,
Science and technology, Trusts,
Wildlife.
Dated: December 8, 2014.
Justin R. Ehrenwerth,
Executive Director, Gulf Coast Ecosystem
Restoration Council.
For the reasons set forth in the
preamble, the Gulf Coast Ecosystem
Restoration Council amends 40 CFR
chapter VIII, by revising part 1800 to
read as follows:
PART 1800—SPILL IMPACT
COMPONENT
Subpart A—Definitions
Sec.
1800.1 Definitions.
Subpart B—Minimum Allocation Available
for Planning Purposes
Sec.
1800.10 Purpose.
1800.20 Minimum allocation available for
planning purposes.
Authority: 33 U.S.C. 1321(t).
Subpart A—Definitions
§ 1800.1
Definitions.
As used in this part:
Gulf Coast State means any of the
States of Alabama, Florida, Louisiana,
Mississippi, and Texas.
Gulf Consortium means the
consortium of Florida counties formed
to develop the Florida State Expenditure
Plan pursuant to 33 U.S.C.
1321(t)(3)(B)(iii)(II).
Minimum allocation means the
amount made available to each Gulf
Coast State which totals at least five
percent of the total allocation made
available under the Spill Impact
Component.
RESTORE Act means the Resources
and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012.
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Spill Impact Component means the
component of the Gulf RESTORE
program authorized by section 311(t)(3)
of the Federal Water Pollution Control
Act (33 U.S.C. 1321(t)(3)), as added by
section 1603 of the Act, in which Gulf
Coast States are provided funds by the
Council according to a formula that the
Council establishes by regulation, using
criteria listed in the Act.
State Expenditure Plan means the
plan for expenditure of amounts
disbursed under the Spill Impact
Component that each Gulf Coast State
must submit to the Council for approval.
Subpart B—Minimum Allocation
Available for Planning Purposes
§ 1800.10
Purpose.
This subpart establishes that up to the
statutory minimum allocation (five
percent) is available under the Spill
Impact Component of the Resources and
Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012
(RESTORE Act) (Pub. L. 112–141, 126
Stat. 405, 588–607) for planning
purposes associated with development
of a State Expenditure Plan.
§ 1800.20 Minimum allocation available for
planning purposes.
A Gulf Coast State or its
administrative agent, or the Gulf
Consortium, may apply to the Council
for a grant to use the minimum
allocation available under the Spill
Impact Component of the RESTORE Act
for planning purposes. These planning
purposes are limited to development of
a State Expenditure Plan, and includes
conceptual design and feasibility
studies related to specific projects. It
does not include engineering and
environmental studies related to
specific projects. It also does not
include any pre-award costs incurred
prior to August 22, 2014.
[FR Doc. 2014–30675 Filed 1–12–15; 8:45 am]
BILLING CODE 3510–EA–P
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
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 80, No. 8 / Tuesday, January 13, 2015 / Rules and Regulations
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.
SUMMARY:
DATES:
Effective February 12, 2015.
FOR FURTHER INFORMATION CONTACT:
Jodie May, Wireline Competition
Bureau, Federal Communications
Commission, Jodie.May@fcc.gov, (202)
418–0913; Rodney McDonald, Wireline
Competition Bureau, Federal
Communications Commission,
Rodney.McDonald@fcc.gov, (202) 418–
7513.
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
https://www.bcpiweb.com. It is available
on the Commission’s Web site at
https://www.fcc.gov.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK5VPTVN1PROD with RULES
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 decisionmaking process more efficient, modern,
and transparent.
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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
1587
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
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.
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:
■
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.
§ 1.49 Specifications as to pleadings and
documents.
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 § 1.3 of the Commission’s
rules, 47 CFR 1.3, that, effective upon
release of the Order, §§ 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.
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(f) * * *
(1) * * *
(iv) Proceedings involving Over-theAir Reception Devices;
(v) Common carrier certifications
under § 54.314 of this chapter;
(vi) Domestic Section 214 transfer-ofcontrol applications pursuant to
§§ 63.52 and 63.53 of this chapter;
(vii) Domestic Section 214
discontinuance applications pursuant to
§§ 63.63 and/or 63.71 of this chapter;
and
(viii) Notices of network change and
associated certifications pursuant to
§ 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
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Federal Register / Vol. 80, No. 8 / Tuesday, January 13, 2015 / Rules and Regulations
(v) Filings responsive to domestic
section 214 transfers under § 63.03 of
this chapter, section 214
discontinuances under § 63.71 of this
chapter, and notices of network change
under § 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.
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
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.
6. Section 63.52 is amended by
revising paragraphs (a) and (c) to read as
follows:
■
PART 51—INTERCONNECTION
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.
4. Section 51.329 is amended by
revising paragraph (c)(2) to read as
follows:
■
§ 51.329 Notice of network changes:
Methods for providing notice.
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*
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(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 NonDocketed 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
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§ 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 § 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
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petitioners, as appropriate, and other
parties to the proceeding.
■ 7. Section 63.53 is amended by
revising paragraph (b) to read as follows:
§ 63.53
Form.
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*
*
(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
https://apps.fcc.gov/ecfs/. See also
§ 63.52.
*
*
*
*
*
■ 8. Section 63.63 is amended by
revising paragraph (a) introductory text
to read as follows:
§ 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 NonDocketed 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:
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*
*
*
■ 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:
§ 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
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Federal Register / Vol. 80, No. 8 / Tuesday, January 13, 2015 / Rules and Regulations
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
§ 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
§ 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.
*
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*
(c) Discontinuance applications and
all related attachments to the
application filed under this section shall
be filed through the ‘‘Submit a NonDocketed Filing’’ module of the
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Commission’s Electronic Comment
Filing System.
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[FR Doc. 2015–00335 Filed 1–12–15; 8:45 am]
BILLING CODE 6712–01–P
GENERAL SERVICES
ADMINISTRATION
1589
procedures of the agency issuing the
policy, regulation, procedure, or form,
or has a significant cost or
administrative impact on contractors or
offerors. This final rule is not required
to be published for public comment
because the definitions affect internal
operations only. The change is solely
within the discretion of the agency and
has no impact on the public.
48 CFR Part 502
III. Executive Orders 12866 and 13563
[GSAM Change 62; GSAR Case 2013–G503;
Docket No. 2014–0018; Sequence No. 1]
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives; and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
RIN 3090–AJ52
General Services Administration
Acquisition Regulation (GSAR),
Definitions in GSAR Part 502
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule.
AGENCY:
The General Services
Administration (GSA) is issuing a final
rule amending the General Services
Administration Acquisition Regulation
(GSAR) to move the definitions of words
and terms from the regulatory text to the
non-regulatory General Services
Acquisition Manual (GSAM).
DATES: Effective: January 13, 2015.
FOR FURTHER INFORMATION CONTACT: Mr.
James Tsujimoto, Procurement Analyst,
at 202–208–3585, or email at
james.tsujimoto@gsa.gov for
clarification of content. For information
pertaining to the status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755.
Please cite GSAR Case 2013–G503.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Discussion of Changes
The General Services Administration
(GSA) is amending the General Services
Administration Acquisition Regulation
(GSAR) to move the definitions from the
regulatory GSAR to the non-regulatory
General Services Acquisition Manual
(GSAM). The definitions listed in GSAR
section 502.101 pertain to internal
operations only and not the general
public. Thus, the definitions belong in
the non-regulatory GSAM.
II. Public Comments Not Required
41 U.S.C. 1707, Publication of
proposed regulations, applies to the
publication of the General Services
Administration Acquisition Regulation.
Paragraph (a)(1) of the statute requires
that a procurement policy, regulation,
procedure, or form (including
amendment or modification thereof)
must be published for public comment
if it has either a significant effect
beyond the internal operating
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IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
GSAR revision and 41 U.S.C. 1707 does
not require publication for public
comment.
V. Paperwork Reduction Act
This final rule does not contain any
information collection that requires
additional approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
List of Subjects in 48 CFR Part 502
Government procurement.
Dated: January 7, 2015.
Jeffrey A. Koses,
Senior Procurement Executive, Director,
Office of Acquisition Policy, Office of
Government-wide Policy.
Therefore, GSA amends 48 CFR part
502 as set forth below:
PART 502 [REMOVED AND
RESERVED]
1. Accordingly, under the authority of
40 U.S.C. 486(c), amend 48 CFR Chapter
5 by removing and reserving part 502.
■
[FR Doc. 2015–00316 Filed 1–12–15; 8:45 am]
BILLING CODE 6820–61–P
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]]>Agencies
[Federal Register Volume 80, Number 8 (Tuesday, January 13, 2015)]
[Rules and Regulations]
[Pages 1586-1589]
From the Federal Register Online via the Government Printing 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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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, Jodie.May@fcc.gov, (202)
418-0913; Rodney McDonald, Wireline Competition Bureau, Federal
Communications Commission, Rodney.McDonald@fcc.gov, (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 https://www.bcpiweb.com. It is available on the Commission's
Web site at https://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
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(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 https://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
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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
