Service by Email for Notice of Petitions for Review and Appeals, 40820-40822 [2016-14096]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Rules and Regulations]
[Pages 40820-40822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14096]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[FCC 16-70]


Service by Email for Notice of Petitions for Review and Appeals

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Federal Communications Commission (Commission) amends its 
rules to allow and in certain circumstances to require parties to give 
the Commission notice of lawsuits by email. First, it requires persons 
petitioning for judicial review who wish to participate in a ``judicial 
lottery'' to notify the Commission of the petition by email. This 
method will allow timely service, and will eliminate security concerns 
that arise through in-person service. Further, the new rule encourages, 
but does not require, notice by email for persons who petition for 
review but do not seek to participate in a lottery. It likewise 
encourages, but does not require, notice by email for persons who 
judicially appeal Commission decisions.

DATES: Effective July 25, 2016.

FOR FURTHER INFORMATION CONTACT: Richard Welch, 202-418-7225.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
FCC 16-70, adopted on June 1, 2016, and released on June 3, 2016. The 
full text of this document will be available for public inspection and 
copying via ECFS, and during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554.

Synopsis

    1. By this order, we revise Section 1.13 of our rules to allow and 
in certain circumstances require parties to give the Commission notice 
of lawsuits by email. First, we revise 47 CFR 1.13(a)(1) of our rules 
to change the procedure by which a party petitioning for review of a 
Commission decision under 47 U.S.C. 402(a) must notify the Commission 
in order to take advantage of the random selection procedures described 
in 28 U.S.C. 2112. That statute provides for a lottery to select a 
court when parties have petitioned for review of the same FCC decision 
in more than one court, provided that petitioners serve a copy of the 
petitions for review on the agency within ten days of issuance of the 
order under review. 28 U.S.C. 2112(a)(1), (3). Because the procedure is 
time sensitive

[[Page 40821]]

due to this ten-day statutory deadline, the Commission has established 
rules to ensure that its Office of General Counsel receives timely 
notice of the petition for review. 47 CFR 1.13(a)(1); see Addition of 
New Section 1.13 to the Commission's Rules of Practice & Procedure, 4 
FCC Rcd 2092 (1989).
    2. Until now, those rules have directed petitioners to make that 
service in person at the Office of General Counsel in the Commission's 
Washington, DC headquarters. However, that method of service is not 
easily reconciled with the security protocols that currently apply to 
other filings with the Commission. We therefore now revise our rules 
for these situations to require service by email according to specific 
procedures, as set out in the new rule. These procedures will allow for 
timely service on the Commission without raising the issues with 
respect to Commission security requirements that are currently 
presented by service in person. We also expect that this method of 
service will be more convenient for most petitioners and their counsel, 
especially those located outside of the Washington, DC metropolitan 
area. For parties who are not represented by counsel and who are unable 
to use email to effect service, we have retained a method to serve 
notice in person on the Office of General Counsel. Such parties must 
telephone prior to service to make arrangements, and are advised to do 
so at least a day before service, keeping in mind the ten-day statutory 
deadline by which service must be complete.
    3. For the convenience of parties and the Commission, we also 
revise our rules to authorize--but not require--email notice of 
lawsuits against the Commission under 47 U.S.C. 402(b). Specifically, 
we revise section 1.13(b) of our rules, which applies to parties 
appealing certain licensing-related FCC actions under 47 U.S.C. 402(b), 
to authorize and encourage service of notices of appeal on the General 
Counsel by email. See 47 U.S.C. 402(c) (requiring notice on 
Commission); cf. Fed. R. App. P. 25(c)(1)(D) (permitting electronic 
service with consent of party). Because notices of appeal under section 
402(b) are not as time-sensitive as lottery proceedings under 28 U.S.C. 
2112, however, we do not require service by email, and parties may use 
non-electronic means of service, such as U.S. mail, as permitted by the 
Federal Rules of Appellate Procedure and any applicable local rules.
    4. Finally, we amend the note to section 1.13 to also encourage 
service by email of petitions for review under 47 U.S.C. 402(a) by 
petitioners that are not seeking to participate in a judicial lottery 
pursuant to 28 U.S.C. 2112. Although there is no requirement under the 
Federal Rules of Appellate Procedure or section 402 for parties to 
serve the Commission with such petitions for review, service by email 
will assist the Commission in timely responding to litigation. Where 
service by email is impracticable for such petitioners, the Commission 
requests service by non-electronic means.
    5. Because this is a revision to a procedural rule, notice and 
comment is not required in advance of its adoption. See 5 U.S.C. 
553(b). For the same reason, we are also not required to perform a 
regulatory flexibility analysis, see 5 U.S.C. 603(a), or to submit the 
rule for review under the Congressional Review Act, see 5 U.S.C. 
804(3)(C). Authority for this rulemaking is contained in 47 U.S.C. 
154(i) and 154(j) and 28 U.S.C. 2112(a)(2).

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure, Lawyers, Litigation, and 
Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority:  47 U.S.C. 151, 154(i), 154(j), 155, 157, 160, 201, 
225, 227, 303, 309, 332, 1403, 1404, 1451, 1452, and 1455.

0
2. Section 1.13 is revised to read as follows:


Sec.  1.13  Filing of petitions for review and notices of appeals of 
Commission orders.

    (a) Petitions for review involving a judicial lottery pursuant to 
28 U.S.C. 2112(a). (1) This paragraph pertains to each party filing a 
petition for review in any United States court of appeals of a 
Commission Order pursuant to 47 U.S.C. 402(a) and 28 U.S.C. 2342(1), 
that wishes to avail itself of procedures established for selection of 
a court in the case of multiple petitions for review of the same 
Commission action, pursuant to 28 U.S.C. 2112(a). Each such party 
shall, within ten days after the issuance of that order, serve on the 
Office of General Counsel, by email to the address 
LitigationNotice@fcc.gov, a copy of its petition for review as filed 
and date-stamped by the court of appeals within which it was filed. 
Such copies of petitions for review must be received by the Office of 
General Counsel by 5:30 p.m. Eastern Time on the tenth day of the 
filing period. A return email from the Office of General Counsel 
acknowledging receipt of the petition for review will constitute proof 
of filing. Upon receipt of any copies of petitions for review according 
to these procedures, the Commission shall follow the procedures 
established in section 28 U.S.C. 2112(a) to determine the court in 
which to file the record in that case.
    (2) If a party wishes to avail itself of procedures established for 
selection of a court in the case of multiple petitions for review of 
the same Commission action, pursuant to 28 U.S.C. 2112(a), but is 
unable to use email to effect service as described in paragraph (a)(1) 
of this section, it shall instead, within ten days after the issuance 
of the order on appeal, serve a copy of its petition for review in 
person on the General Counsel in the Office of General Counsel, 445 
12th Street, SW., Washington, DC 20554. Only parties not represented by 
counsel may use this method. Such parties must telephone the Litigation 
Division of the Office of General Counsel beforehand to make 
arrangements at 202-418-1740. Parties are advised to call at least one 
day before service must be effected.
    (3) Computation of time of the ten-day period for filing copies of 
petitions for review of a Commission order shall be governed by Rule 26 
of the Federal Rules of Appellate Procedure. The date of issuance of a 
Commission order for purposes of filing copies of petitions for review 
shall be the date of public notice as defined in Sec.  1.4(b) of the 
Commission's Rules, 47 CFR 1.4(b).
    (b) Notices of appeal pursuant to 47 U.S.C. 402(b). Copies of 
notices of appeals filed pursuant to 47 U.S.C. 402(b) shall be served 
upon the General Counsel. The FCC consents to--and encourages--service 
of such notices by email to the address LitigationNotice@fcc.gov.
    Note: For administrative efficiency, the Commission requests that 
any petitioner seeking judicial review of Commission actions pursuant 
to 47 U.S.C. 402(a) serve a copy of its petition on the General Counsel 
regardless of whether it wishes to avail itself of the procedures for 
multiple appeals set forth in 47 U.S.C. 2112(a). Parties are encouraged 
to serve such notice by

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email to the address LitigationNotice@fcc.gov.

[FR Doc. 2016-14096 Filed 6-22-16; 8:45 am]
 BILLING CODE 6712-01-P