Closure of FCC Lockbox 979091 Used To File Fees, Tariffs, Petitions, and Applications for Services Related to the Wireline Competition Bureau, 2554-2557 [2018-00596]
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2554
Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations
■ 2. Table 1 of appendix B to part 300
is amended by adding the entries
‘‘Newark South Ground Water Plume’’,
‘‘American Creosote DeRidder’’,
‘‘Mississippi Phosphates Corporation’’,
and ‘‘Eagle Industries’’ in alphabetical
order by state to read as follows:
Appendix B to Part 300—National
Priorities List
TABLE 1—GENERAL SUPERFUND SECTION
Site name
*
DE .....................
*
*
*
Newark South Ground Water Plume .....................................................
*
Newark.
*
*
*
LA .....................
*
*
*
American Creosote DeRidder ...............................................................
*
DeRidder.
*
*
*
MS ....................
*
*
*
Mississippi Phosphates Corporation .....................................................
*
Pascagoula.
*
*
*
OK .....................
*
*
*
Eagle Industries .....................................................................................
*
Midwest City.
*
*
*
*
*
*
City/county
Notes a
State
*
*
*
a
= Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater
than or equal to 28.50).
*
*
*
*
transition.fcc.gov/Daily_Releases/Daily_
Business/2017/db0906/FCC-17111A1.pdf.
*
[FR Doc. 2018–00619 Filed 1–17–18; 8:45 am]
BILLING CODE 6560–50–P
I. Administrative Matters
FEDERAL COMMUNICATIONS
COMMISSION
A. Final Regulatory Flexibility Analysis
47 CFR Parts 0, 1, 51, and 61
[MD Docket No. 17–357; FCC 17–159]
Closure of FCC Lockbox 979091 Used
To File Fees, Tariffs, Petitions, and
Applications for Services Related to
the Wireline Competition Bureau
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
sradovich on DSK3GMQ082PROD with RULES
B. Final Paperwork Reduction Act of
1995 Analysis
In this document, the Federal
Communications Commission (FCC or
Commission) adopted an Order that
closes Lockbox 979091 and modifies the
relevant rule provisions of filing and
making fee payments in lieu of closing
the lockbox.
DATES: Effective on February 20, 2018.
FOR FURTHER INFORMATION CONTACT:
Roland Helvajian, Office of Managing
Director at (202) 418–0444.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order,
FCC 17–159, MD Docket No. 17–357,
adopted on December 1, 2017 and
released on December 18, 2017. The full
text of this document is available for
public inspection and copying during
normal business hours in the FCC
Reference Center (Room CY–A257), 445
12th Street SW, Washington, DC 20554,
or by downloading the text from the
Commission’s website at https://
SUMMARY:
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1. Section 603 of the Regulatory
Flexibility Act, as amended, requires a
regulatory flexibility analysis in notice
and comment rulemaking proceedings.
See 5 U.S.C. 603(a). As we are adopting
these rules without notice and
comment, no regulatory flexibility
analysis is required.
2. This document does not contain
new or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or modified
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
C. Congressional Review Act
3. The Commission will not send a
copy of the Order pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A), because the adopted rules
are rules of agency organization,
procedure, or practice that do not
‘‘substantially affect the rights or
obligations of non-agency parties. See 5
U.S.C. 804(3)(C).
PO 00000
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II. Introduction
4. In the Order, we reduce
expenditures by the Commission and
modernize procedures by amending
section 1.1105 of our rules, 47 CFR
1.1105, which sets forth the application
fee for petitions filed with the FCC’s
Wireline Competition Bureau (WCB), to
reflect the closure of the post office
(P.O.) Box 1 used for manual filings with
WCB. We require the use of an
electronic payment system and,
wherever possible, electronic filing.
Consistent with this change, we also
make conforming revisions to sections
0.401, 1.49, 1.51, 1.52, 1.742, 1.1105,
1.1111–1.1113, 1.1119, 51.329(c)(2),
61.13, 61.14, 61.17(d), and 61.20(b) of
the Commission’s rules, to account for
electronic filing of fees, tariffs, petitions,
and applications with the WCB, as
described more fully below.
5. Section 1.1105 of the Commission’s
rules, 47 CFR 1.1105, has provided a
schedule of processing fees for
applications, tariffs, and petitions
processed by the WCB. The rule had
also directed filers, who do not utilize
the Commission’s on-line filing and fee
payment systems, to send manual filings
and payments to P.O. Box 979091 at
U.S. Bank in St. Louis, Missouri.
6. The Commission has reduced its
use of P.O. Boxes for the collection of
fees and encouraged the use of
1 A P.O. Box used for the collection of fees is
referred to as a ‘‘lockbox’’ in our rules and other
Commission documents. The FCC collects
application processing fees using a series of P.O.
Boxes located at U.S. Bank in St. Louis, Missouri.
See 47 CFR 1.1101–1.1109 (setting forth the fee
schedule for each type of application remittable to
the Commission along with the correct lockbox).
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Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations
sradovich on DSK3GMQ082PROD with RULES
electronic payment systems for all
application and regulatory fees.2 We
find that electronic payment of fees for
applications, tariffs, and petitions
processed by the WCB increases the
agency’s financial efficiency by
reducing expenditures, including the
annual fee for utilizing the bank’s
services as well as the cost to manually
process each transaction, with little or
no inconvenience to our regulatees,
applicants and the public.3
7. As part of this effort, we are now
closing P.O. Box 979091 and modifying
the relevant rule provisions that require
payment of fees and/or processing of
filings via the closed P.O. Box. Our
action here to close this lockbox and
require electronic payments for any
WCB-related fees, as well as
encouraging the electronic filing of
WCB-related petitions and applications,
has implications for existing
Commission regulations other than
section 1.1105. Thus, we also revise
sections 0.401, 1.49, 1.51, 1.52, 1.742,
1.1111, 1.1112, 1.1113, 1.1119,
51.329(c)(2), 61.13, 61.14, 61.17(d), and
61.20 of the Commission’s rules. These
additional rules are modified to
eliminate references to P.O. Box 979091,
encourage electronic filing of WCB
related applications when practicable,
and clarify where other filing rules only
apply to paper filings to avoid
confusion. For instance, sections 61.13,
61.14, 61.17(d) and 61.20(b) of our rules
are revised to require carriers to utilize
the electronic filing process for all tariff
publications and related documents
whenever practicable, and directs
manual filers to the web page of the
FCC’s Office of the Secretary for
procedures for submitting hard copies.
The rule changes are contained in the
Appendix of the Order. We make these
changes without notice and comment
because they are rules of agency
2 The Commission previously revised its payment
rules to encourage electronic payment of
application processing fees and require electronic
payment of regulatory fees. 47 CFR 1.1112
(application fees) and 1.1158 (regulatory fees).
These rules became effective November 30, 2015. 80
FR 66816 (Oct. 30, 2015). More recently, in 2017,
we closed a lockbox account and modified the
relevant rule provision that required payment of
fees via the closed P.O. Box. Amendment of Part 1
of the Commission’s Rules, MD Docket No. 17–123,
Order, 32 FCC Rcd 4203 (2017), 82 FR 24560 (rel.
May 9, 2017) (modifying section 1.1109 of the
Commission’s rules to delete reference to P.O. Box
979092 at U.S. Bank in St. Louis, Missouri).
3 See Treasury Financial Manual, Bulletin No.
2017–12, ‘‘Agency No-Cash or No-Check Policies,’’
released on September 18, 2017 (explaining the
circumstances under which agencies may decide
not to accept payments made in cash or by check),
available at https://tfm.fiscal.treasury.gov/v1/bull/
17-12.pdf (last visited October 18, 2017); see also
https://www.gpo.gov/fdsys/pkg/FR-2011-06-16/pdf/
2011-15181.pdf.
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organization, procedure, or practice
exempt from the general notice-andcomment requirements of the
Administrative Procedure Act, see 5
U.S.C. 553(b)(A).
8. Implementation. As a temporary
transition measure, for 90 days after
publication of this document in the
Federal Register, payments and paper
filings to P.O. Box 979091 will continue
to be processed by U.S. Bank. After that
date, payments for any WCB-related fee
or service must be made in accordance
with the procedures set forth on the
Commission’s website, https://
www.fcc.gov/licensing-databases/fees.
For now, such payments will be made
through the Fee Filer Online System
(Fee Filer), accessible at https://
www.fcc.gov/licensing-databases/fees/
fee-filer. As we assess and implement
U.S. Treasury initiatives toward an allelectronic payment system, we may
transition to other secure payment
systems with appropriate public notice
and guidance. To file applications,
tariffs and petitions processed by the
WCB, parties should utilize, as
applicable, the Commission’s Electronic
Tariff Filing System for tariffs, which
can be found at https://apps.fcc.gov/
etfs/etfsHome.action, or the Electronic
Comment Filing System (ECFS) for
domestic 214 and other filings
referenced in section 1.1105, which can
be found at https://apps.fcc.gov/ecfs/
upload/display. Petitions filed in hard
copy format should be submitted
according to the procedures set forth on
the web page of the FCC’s Office of the
Secretary, https://www.fcc.gov/
secretary.
III. Ordering Clauses
9. Accordingly, it is ordered, that
pursuant to sections 4(i), and 4(j) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j), the
Order is hereby ADOPTED and the rules
set forth in the Appendix of the Order
are hereby AMENDED effective
February 20, 2018.
List of Subjects
47 CFR Part 0
Organization and functions
(Government agencies).
Administrative practice and
procedure, Communications common
carriers, and Federal buildings and
facilities.
47 CFR Parts 51 and 61
Communications common carriers.
Frm 00031
Fmt 4700
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Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 0, 1,
51, and 61 as follows:
PART 0—COMMISSION AND
ORGANIZATION
1. The authority citation for part 0 is
revised to read as follows:
■
Authority: Section 5, 48 Stat. 1068, as
amended; 47 U.S.C. 155, 225, unless
otherwise noted.
2. Amend § 0.401 by revising
paragraphs (a)(1)(iii), (b) introductory
text, and (b)(1), removing paragraph
(b)(2), and redesignating paragraph
(b)(3) as paragraph (b)(2).
The revisions read as follows:
■
§ 0.401
Location of Commission offices.
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(a) * * *
(1) * * *
(iii) Electronic filings, where required,
recommended, or permitted, must be
transmitted as specified by the
Commission or relevant Bureau or
Office.
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*
*
*
*
(b) Applications or filings requiring
the fees set forth at part 1, subpart G of
the rules must be delivered through the
appropriate electronic filing system
with the correct fee and completed Fee
Form attached to the application or
filing, unless otherwise directed by the
Commission. In the case of any conflict
between this rule subpart and other
rules establishing filing locations for
submissions subject to a fee, this
subpart shall govern.
Note to paragraph (b) introductory text:
Applicants seeking a waiver or deferral of
fees must submit their application or filing in
accordance with the addresses set forth
below. Applicants claiming a statutory
exemption from the fees should file their
applications in accordance with paragraph
(a) of this section.
(1) Applications and filings submitted
by mail shall be submitted following the
procedures set forth by the Commission
in the appropriate fee rules.
47 CFR Part 1
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2555
Note to paragraph (b)(1): Wireless
Telecommunications Bureau applications
that require frequency coordination by
certified coordinators must be submitted to
the appropriate certified frequency
coordinator before filing with the
Commission. After coordination, the
applications are filed with the Commission
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Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations
as set forth herein. (See §§ 90.127 and 90.175
of this chapter.)
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PART 1—PRACTICE AND
PROCEDURE
3. The authority citation for part 1 is
revised to read as follows:
■
Authority: 47 U.S.C. 34–39, 151, 154(i),
154(j), 155, 157, 160, 201, 225, 227, 303, 309,
332, 1403, 1404, 1451, 1452, and 1455.
4. Amend § 1.49 by revising the first
sentence of paragraph (a) to read as
follows:
■
§ 1.49 Specifications as to pleadings and
documents.
(a) All pleadings and documents filed
in paper form in any Commission
proceeding shall be typewritten or
prepared by mechanical processing
methods, and shall be filed
electronically or on paper with
dimensions of A4 (21 cm. x 29.7 cm.) or
on 81⁄2 x 11 inch (21.6 cm. x 27.9 cm.)
with the margins set so that the printed
material does not exceed 61⁄2 x 91⁄2
inches (16.5 cm. x 24.1 cm.). * * *
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■ 5. Amend § 1.51 by revising paragraph
(a) to read as follows:
§ 1.51 Number of copies of pleadings,
briefs, and other papers.
(a) In hearing proceedings, unless
filed electronically or otherwise
specified by Commission rules, an
original and one copy shall be filed,
along with-an additional copy for each
additional presiding officer at the
hearing, if more than one. If filed
electronically, additional courtesy
copies shall be emailed as directed by
the Commission.
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■ 6. Amend § 1.52 by revising the fifth
sentence to read as follows:
§ 1.52
Subscription and verification.
sradovich on DSK3GMQ082PROD with RULES
* * * If filed electronically, a
signature will be considered any symbol
executed or adopted by the party with
the intent that such symbol be a
signature, including symbols formed by
computer-generated electronic
impulses. * * *
■ 7. Revise § 1.742 as follows:
§ 1.742 Place of filing, fees, and number of
copies.
All applications which do not require
a fee shall be filed electronically
through the Commission’s Electronic
Comment Filing System if practicable.
Applications which must be filed in
hard copy format should be submitted
according to the procedures set forth on
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the web page of the FCC’s Office of the
Secretary, https://www.fcc.gov/
secretary. Hand-delivered applications
will be dated by the Secretary upon
receipt (mailed applications will be
dated by the Mail Branch) and then
forwarded to the Wireline Competition
Bureau. All applications accompanied
by a fee payment should be filed in
accordance with § 1.1105, Schedule of
charges for applications and other
filings for the wireline competition
services.
■ 8. Amend § 1.1105 by revising the
introductory text to read as follows:
§ 1.1105 Schedule of charges for
applications and other filings for the
wireline competition services.
Remit payment for these services
electronically using the Commission’s
electronic filing and payment system,
and, where practicable, applications and
other substantive filings, in accordance
with the procedures set forth on the
Commission’s website, www.fcc.gov/
licensing-databases/fees. Petitions,
applications, and other substantive
filings in hard copy format are to be
submitted according to the procedures
set forth on the web page of the FCC’s
Office of the Secretary, https://
www.fcc.gov/secretary.
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■ 9. Amend § 1.1111 by revising
paragraph (d) to read as follows:
§ 1.1111
Payment of charges.
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(d) Applications returned to
applicants for additional information or
corrections will not require an
additional fee when resubmitted, unless
the additional information results in an
increase of the original fee amount.
Those applications not requiring an
additional fee should be resubmitted
electronically or directly to the Bureau/
Office requesting the additional
information, as requested. The original
fee will be forfeited if the additional
information or corrections are not
resubmitted by the prescribed deadline.
A forfeited application fee will not be
refunded. If an additional fee is
required, the original fee will be
returned and the application must be
resubmitted with a new remittance in
the amount of the required fee.
Applicants should attach a copy of the
Commission’s request for additional or
corrected information to their
resubmission.
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■ 10. Amend § 1.1112 by revising
paragraph (g) to read as follows:
§ 1.1112
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Form of payment.
*
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(g) The Commission will furnish a
stamped receipt of an application filed
by mail or in person only upon request
that complies with the following
instructions. In order to obtain a
stamped receipt for an application (or
other filing), the application package
must include a copy of the first page of
the application, clearly marked ‘‘copy’’,
submitted expressly for the purpose of
serving as a receipt of the filing. The
copy should be the top document in the
package. If hand delivered, the copy
will be date-stamped immediately and
provided to the bearer of the
submission. For submissions by mail,
the receipt copy will be provided
through return mail if the filer has
attached to the receipt copy a stamped
self-addressed envelope of sufficient
size to contain the date stamped copy of
the application. No remittance receipt
copies will be furnished. Stamped
receipts of electronically-filed
applications will not be provided.
■ 11. Amend § 1.1113 by revising
paragraph (a)(1), adding a sentence to
the end of paragraph (a)(2), and revising
paragraph (a)(4) to read as follows:
§ 1.1113
Filing locations.
(a) * * *
(1) Tariff filings shall be filed with the
Secretary, Federal Communications
Commission, Washington, DC 20554.
On the same day, the filer should
submit a copy of the cover letter, the
FCC Form 159, and the appropriate fee
in accordance with the procedures
established in § 1.1105.
(2) * * * Electronic payments must
include the reference number contained
on the bill sent by the Commission.
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*
*
(4) Applicants claiming an exemption
from a fee requirement for an
application or other filing under 47
U.S.C. 158(d)(1) or § 1.1116 of this
subpart shall file their applications in
the appropriate location as set forth in
the rules for the service for which they
are applying, except that request for
waiver accompanied by a tentative fee
payment should be filed as set forth in
§§ 1.1102 through 1.1109.
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■ 12. Amend § 1.1119 by revising
paragraphs (c)(1) and (2) as follows:
§ 1.1119
review.
Petitions and applications for
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*
(c) * * *
(1) Petitions and applications for
review submitted with a fee must be
submitted electronically or to the
Commission’s lock box bank at the
address for the appropriate service as set
forth in §§ 1.1102 through 1.1107.
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Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations
(2) If no fee payment is submitted, the
request should be filed electronically
through the Commission’s Electronic
Comment Filing System or with the
Commission’s Secretary.
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*
PART 51—INTERCONNECTION
13. The authority citation for part 51
is revised to read as follows:
■
Authority: 47 U.S.C. 151–55, 201–05, 207–
09, 218, 220, 225–27, 251–54, 256, 271,
303(r), 332, 1302.
14. Amend § 51.329 by revising
paragraph (c)(2) as follows:
■
§ 51.329 Notice of network changes:
Methods for providing notice.
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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. If necessary, 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 61—TARIFFS
15. The authority citation for part 61
is revised to read as follows:
■
sradovich on DSK3GMQ082PROD with RULES
Authority: Secs. 1, 4(i), 4(j), 201–205 and
403 of the Communications Act of 1934, as
amended; 47 U.S.C. 151, 154(i), 154(j), 201–
205 and 403, unless otherwise noted.
■
16. Revise § 61.13 to read as follows:
§ 61.13
Scope.
(a) All issuing carriers that file tariffs
are required to file tariff publications
electronically, if practicable.
(b) All tariff publications shall be filed
in a manner that is compatible and
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consistent with the technical
requirements of the Electronic Tariff
Filing System.
(c) Tariff publications which must be
filed in hard copy format should be
submitted according to the procedures
set forth on the web page of the FCC’s
Office of the Secretary, https://
www.fcc.gov/secretary.
■ 17. Amend § 61.14 by revising
paragraphs (a) and (b) to read as follows:
§ 61.14
Method of filing publications.
(a) Publications filed electronically
must be captioned to ‘‘Secretary,
Federal Communications Commission,
Washington, DC 20554.’’ The Electronic
Tariff Filing System will accept filings
24 hours a day, seven days a week. The
official filing date of a publication
received by the Electronic Tariff Filing
System will be determined by the date
and time the transmission ends. If the
transmission ends after the close of a
business day, as that term is defined in
§ 1.4(e)(2) of this chapter, the filing will
be date and time stamped as of the
opening of the next business day.
(b) Carriers are strongly encouraged to
submit publications electronically if
practicable. Carriers need only transmit
one set of files to the Commission. No
other copies to any other party are
required. Publications which must be
filed in hard copy format should be
submitted according to the procedures
set forth on the web page of the FCC’s
Office of the Secretary, https://
www.fcc.gov/secretary.
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■ 18. Amend § 61.17 by revising
paragraph (d) to read as follows:
§ 61.17 Applications for special
permission.
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*
*
*
(d) In addition, for special permission
applications requiring fees as set forth
in part 1, subpart G of this chapter,
carriers shall submit the appropriate fee
and associated payment form
electronically through the process set
forth in § 1.1105 of this chapter and, if
practicable, the application and
associated documents electronically in
accordance with the procedures set
forth on the Commission’s website,
www.fcc.gov/licensing-databases/fees.
Applications which must be filed in
hard copy format should be submitted
according to the procedures set forth on
the web page of the FCC’s Office of the
Secretary, https://www.fcc.gov/
secretary.
*
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*
■ 19. Amend § 61.20 by revising
paragraph (b) to read as follows:
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§ 61.20
2557
Method of filing publications.
*
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*
(b) In addition, all tariff publications
requiring fees as set forth in part 1,
subpart G of this chapter, shall be
submitted electronically if practicable in
accordance with § 1.1105 of this chapter
along with the electronic submission of
the payment online form. Petitions
which must be filed in hard copy format
should be submitted according to the
procedures set forth on the web page of
the FCC’s Office of the Secretary,
https://www.fcc.gov/secretary.
[FR Doc. 2018–00596 Filed 1–17–18; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 11
[PS Docket No. 15–94; FCC–17–170]
Blue Alert EAS Event Code
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission (FCC or
Commission) amends its regulations
governing the Emergency Alert System
(EAS) and Wireless Emergency Alerts
(WEA) to add a new event code, B–L–
U, to allow alert originators to issue an
alert whenever a law enforcement
officer is injured or killed, missing in
connection with his or her official
duties, or there is an imminent and
credible threat to cause death or serious
injury to law enforcement officers.
DATES: This rule is effective January 18,
2018. Delivery of Blue Alerts over EAS
will be implemented January 18, 2019.
Delivery of Blue Alerts over WEA will
be implemented July 18, 2019. This
docket will remain open for comments
until March 19, 2018.
FOR FURTHER INFORMATION CONTACT:
Gregory Cooke, Deputy Division Chief,
Policy and Licensing Division, Public
Safety and Homeland Security Bureau,
at (202) 418–2351, or by email at
Gregory.Cooke@fcc.gov; or Linda Pintro,
Attorney Advisor, Policy and Licensing
Division, Public Safety and Homeland
Security Bureau, at (202) 418–7490, or
by email at Linda.Pintro@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order in
PS Docket No. 15–94, FCC 17–170,
adopted and released on December 14,
2017. The full text of this document is
available for inspection and copying
during normal business hours in the
FCC Reference Center (Room CY–1257),
SUMMARY:
E:\FR\FM\18JAR1.SGM
18JAR1
]]>Agencies
[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Rules and Regulations]
[Pages 2554-2557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00596]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, 51, and 61
[MD Docket No. 17-357; FCC 17-159]
Closure of FCC Lockbox 979091 Used To File Fees, Tariffs,
Petitions, and Applications for Services Related to the Wireline
Competition Bureau
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) adopted an Order that closes Lockbox 979091 and modifies
the relevant rule provisions of filing and making fee payments in lieu
of closing the lockbox.
DATES: Effective on February 20, 2018.
FOR FURTHER INFORMATION CONTACT: Roland Helvajian, Office of Managing
Director at (202) 418-0444.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
FCC 17-159, MD Docket No. 17-357, adopted on December 1, 2017 and
released on December 18, 2017. The full text of this document is
available for public inspection and copying during normal business
hours in the FCC Reference Center (Room CY-A257), 445 12th Street SW,
Washington, DC 20554, or by downloading the text from the Commission's
website at https://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0906/FCC-17-111A1.pdf.
I. Administrative Matters
A. Final Regulatory Flexibility Analysis
1. Section 603 of the Regulatory Flexibility Act, as amended,
requires a regulatory flexibility analysis in notice and comment
rulemaking proceedings. See 5 U.S.C. 603(a). As we are adopting these
rules without notice and comment, no regulatory flexibility analysis is
required.
B. Final Paperwork Reduction Act of 1995 Analysis
2. This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. In addition, therefore, it does not contain
any new or modified information collection burden for small business
concerns with fewer than 25 employees, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4).
C. Congressional Review Act
3. The Commission will not send a copy of the Order pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the
adopted rules are rules of agency organization, procedure, or practice
that do not ``substantially affect the rights or obligations of non-
agency parties. See 5 U.S.C. 804(3)(C).
II. Introduction
4. In the Order, we reduce expenditures by the Commission and
modernize procedures by amending section 1.1105 of our rules, 47 CFR
1.1105, which sets forth the application fee for petitions filed with
the FCC's Wireline Competition Bureau (WCB), to reflect the closure of
the post office (P.O.) Box \1\ used for manual filings with WCB. We
require the use of an electronic payment system and, wherever possible,
electronic filing. Consistent with this change, we also make conforming
revisions to sections 0.401, 1.49, 1.51, 1.52, 1.742, 1.1105, 1.1111-
1.1113, 1.1119, 51.329(c)(2), 61.13, 61.14, 61.17(d), and 61.20(b) of
the Commission's rules, to account for electronic filing of fees,
tariffs, petitions, and applications with the WCB, as described more
fully below.
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\1\ A P.O. Box used for the collection of fees is referred to as
a ``lockbox'' in our rules and other Commission documents. The FCC
collects application processing fees using a series of P.O. Boxes
located at U.S. Bank in St. Louis, Missouri. See 47 CFR 1.1101-
1.1109 (setting forth the fee schedule for each type of application
remittable to the Commission along with the correct lockbox).
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5. Section 1.1105 of the Commission's rules, 47 CFR 1.1105, has
provided a schedule of processing fees for applications, tariffs, and
petitions processed by the WCB. The rule had also directed filers, who
do not utilize the Commission's on-line filing and fee payment systems,
to send manual filings and payments to P.O. Box 979091 at U.S. Bank in
St. Louis, Missouri.
6. The Commission has reduced its use of P.O. Boxes for the
collection of fees and encouraged the use of
[[Page 2555]]
electronic payment systems for all application and regulatory fees.\2\
We find that electronic payment of fees for applications, tariffs, and
petitions processed by the WCB increases the agency's financial
efficiency by reducing expenditures, including the annual fee for
utilizing the bank's services as well as the cost to manually process
each transaction, with little or no inconvenience to our regulatees,
applicants and the public.\3\
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\2\ The Commission previously revised its payment rules to
encourage electronic payment of application processing fees and
require electronic payment of regulatory fees. 47 CFR 1.1112
(application fees) and 1.1158 (regulatory fees). These rules became
effective November 30, 2015. 80 FR 66816 (Oct. 30, 2015). More
recently, in 2017, we closed a lockbox account and modified the
relevant rule provision that required payment of fees via the closed
P.O. Box. Amendment of Part 1 of the Commission's Rules, MD Docket
No. 17-123, Order, 32 FCC Rcd 4203 (2017), 82 FR 24560 (rel. May 9,
2017) (modifying section 1.1109 of the Commission's rules to delete
reference to P.O. Box 979092 at U.S. Bank in St. Louis, Missouri).
\3\ See Treasury Financial Manual, Bulletin No. 2017-12,
``Agency No-Cash or No-Check Policies,'' released on September 18,
2017 (explaining the circumstances under which agencies may decide
not to accept payments made in cash or by check), available at
https://tfm.fiscal.treasury.gov/v1/bull/17-12.pdf (last visited
October 18, 2017); see also https://www.gpo.gov/fdsys/pkg/FR-2011-06-16/pdf/2011-15181.pdf.
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7. As part of this effort, we are now closing P.O. Box 979091 and
modifying the relevant rule provisions that require payment of fees
and/or processing of filings via the closed P.O. Box. Our action here
to close this lockbox and require electronic payments for any WCB-
related fees, as well as encouraging the electronic filing of WCB-
related petitions and applications, has implications for existing
Commission regulations other than section 1.1105. Thus, we also revise
sections 0.401, 1.49, 1.51, 1.52, 1.742, 1.1111, 1.1112, 1.1113,
1.1119, 51.329(c)(2), 61.13, 61.14, 61.17(d), and 61.20 of the
Commission's rules. These additional rules are modified to eliminate
references to P.O. Box 979091, encourage electronic filing of WCB
related applications when practicable, and clarify where other filing
rules only apply to paper filings to avoid confusion. For instance,
sections 61.13, 61.14, 61.17(d) and 61.20(b) of our rules are revised
to require carriers to utilize the electronic filing process for all
tariff publications and related documents whenever practicable, and
directs manual filers to the web page of the FCC's Office of the
Secretary for procedures for submitting hard copies. The rule changes
are contained in the Appendix of the Order. We make these changes
without notice and comment because they are rules of agency
organization, procedure, or practice exempt from the general notice-
and-comment requirements of the Administrative Procedure Act, see 5
U.S.C. 553(b)(A).
8. Implementation. As a temporary transition measure, for 90 days
after publication of this document in the Federal Register, payments
and paper filings to P.O. Box 979091 will continue to be processed by
U.S. Bank. After that date, payments for any WCB-related fee or service
must be made in accordance with the procedures set forth on the
Commission's website, https://www.fcc.gov/licensing-databases/fees. For
now, such payments will be made through the Fee Filer Online System
(Fee Filer), accessible at https://www.fcc.gov/licensing-databases/fees/fee-filer. As we assess and implement U.S. Treasury initiatives
toward an all-electronic payment system, we may transition to other
secure payment systems with appropriate public notice and guidance. To
file applications, tariffs and petitions processed by the WCB, parties
should utilize, as applicable, the Commission's Electronic Tariff
Filing System for tariffs, which can be found at https://apps.fcc.gov/etfs/etfsHome.action, or the Electronic Comment Filing System (ECFS)
for domestic 214 and other filings referenced in section 1.1105, which
can be found at https://apps.fcc.gov/ecfs/upload/display. Petitions
filed in hard copy format should be submitted according to the
procedures set forth on the web page of the FCC's Office of the
Secretary, https://www.fcc.gov/secretary.
III. Ordering Clauses
9. Accordingly, it is ordered, that pursuant to sections 4(i), and
4(j) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
154(j), the Order is hereby ADOPTED and the rules set forth in the
Appendix of the Order are hereby AMENDED effective February 20, 2018.
List of Subjects
47 CFR Part 0
Organization and functions (Government agencies).
47 CFR Part 1
Administrative practice and procedure, Communications common
carriers, and Federal buildings and facilities.
47 CFR Parts 51 and 61
Communications common carriers.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 0, 1, 51, and 61 as
follows:
PART 0--COMMISSION AND ORGANIZATION
0
1. The authority citation for part 0 is revised to read as follows:
Authority: Section 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,
225, unless otherwise noted.
0
2. Amend Sec. 0.401 by revising paragraphs (a)(1)(iii), (b)
introductory text, and (b)(1), removing paragraph (b)(2), and
redesignating paragraph (b)(3) as paragraph (b)(2).
The revisions read as follows:
Sec. 0.401 Location of Commission offices.
* * * * *
(a) * * *
(1) * * *
(iii) Electronic filings, where required, recommended, or
permitted, must be transmitted as specified by the Commission or
relevant Bureau or Office.
* * * * *
(b) Applications or filings requiring the fees set forth at part 1,
subpart G of the rules must be delivered through the appropriate
electronic filing system with the correct fee and completed Fee Form
attached to the application or filing, unless otherwise directed by the
Commission. In the case of any conflict between this rule subpart and
other rules establishing filing locations for submissions subject to a
fee, this subpart shall govern.
Note to paragraph (b) introductory text: Applicants seeking a
waiver or deferral of fees must submit their application or filing
in accordance with the addresses set forth below. Applicants
claiming a statutory exemption from the fees should file their
applications in accordance with paragraph (a) of this section.
(1) Applications and filings submitted by mail shall be submitted
following the procedures set forth by the Commission in the appropriate
fee rules.
Note to paragraph (b)(1): Wireless Telecommunications Bureau
applications that require frequency coordination by certified
coordinators must be submitted to the appropriate certified
frequency coordinator before filing with the Commission. After
coordination, the applications are filed with the Commission
[[Page 2556]]
as set forth herein. (See Sec. Sec. 90.127 and 90.175 of this
chapter.)
* * * * *
PART 1--PRACTICE AND PROCEDURE
0
3. The authority citation for part 1 is revised to read as follows:
Authority: 47 U.S.C. 34-39, 151, 154(i), 154(j), 155, 157, 160,
201, 225, 227, 303, 309, 332, 1403, 1404, 1451, 1452, and 1455.
0
4. Amend Sec. 1.49 by revising the first sentence of paragraph (a) to
read as follows:
Sec. 1.49 Specifications as to pleadings and documents.
(a) All pleadings and documents filed in paper form in any
Commission proceeding shall be typewritten or prepared by mechanical
processing methods, and shall be filed electronically or on paper with
dimensions of A4 (21 cm. x 29.7 cm.) or on 8\1/2\ x 11 inch (21.6 cm. x
27.9 cm.) with the margins set so that the printed material does not
exceed 6\1/2\ x 9\1/2\ inches (16.5 cm. x 24.1 cm.). * * *
* * * * *
0
5. Amend Sec. 1.51 by revising paragraph (a) to read as follows:
Sec. 1.51 Number of copies of pleadings, briefs, and other papers.
(a) In hearing proceedings, unless filed electronically or
otherwise specified by Commission rules, an original and one copy shall
be filed, along with-an additional copy for each additional presiding
officer at the hearing, if more than one. If filed electronically,
additional courtesy copies shall be emailed as directed by the
Commission.
* * * * *
0
6. Amend Sec. 1.52 by revising the fifth sentence to read as follows:
Sec. 1.52 Subscription and verification.
* * * If filed electronically, a signature will be considered any
symbol executed or adopted by the party with the intent that such
symbol be a signature, including symbols formed by computer-generated
electronic impulses. * * *
0
7. Revise Sec. 1.742 as follows:
Sec. 1.742 Place of filing, fees, and number of copies.
All applications which do not require a fee shall be filed
electronically through the Commission's Electronic Comment Filing
System if practicable. Applications which must be filed in hard copy
format should be submitted according to the procedures set forth on the
web page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary. Hand-delivered applications will be dated by the Secretary
upon receipt (mailed applications will be dated by the Mail Branch) and
then forwarded to the Wireline Competition Bureau. All applications
accompanied by a fee payment should be filed in accordance with Sec.
1.1105, Schedule of charges for applications and other filings for the
wireline competition services.
0
8. Amend Sec. 1.1105 by revising the introductory text to read as
follows:
Sec. 1.1105 Schedule of charges for applications and other filings
for the wireline competition services.
Remit payment for these services electronically using the
Commission's electronic filing and payment system, and, where
practicable, applications and other substantive filings, in accordance
with the procedures set forth on the Commission's website, www.fcc.gov/licensing-databases/fees. Petitions, applications, and other
substantive filings in hard copy format are to be submitted according
to the procedures set forth on the web page of the FCC's Office of the
Secretary, https://www.fcc.gov/secretary.
* * * * *
0
9. Amend Sec. 1.1111 by revising paragraph (d) to read as follows:
Sec. 1.1111 Payment of charges.
* * * * *
(d) Applications returned to applicants for additional information
or corrections will not require an additional fee when resubmitted,
unless the additional information results in an increase of the
original fee amount. Those applications not requiring an additional fee
should be resubmitted electronically or directly to the Bureau/Office
requesting the additional information, as requested. The original fee
will be forfeited if the additional information or corrections are not
resubmitted by the prescribed deadline. A forfeited application fee
will not be refunded. If an additional fee is required, the original
fee will be returned and the application must be resubmitted with a new
remittance in the amount of the required fee. Applicants should attach
a copy of the Commission's request for additional or corrected
information to their resubmission.
* * * * *
0
10. Amend Sec. 1.1112 by revising paragraph (g) to read as follows:
Sec. 1.1112 Form of payment.
* * * * *
(g) The Commission will furnish a stamped receipt of an application
filed by mail or in person only upon request that complies with the
following instructions. In order to obtain a stamped receipt for an
application (or other filing), the application package must include a
copy of the first page of the application, clearly marked ``copy'',
submitted expressly for the purpose of serving as a receipt of the
filing. The copy should be the top document in the package. If hand
delivered, the copy will be date-stamped immediately and provided to
the bearer of the submission. For submissions by mail, the receipt copy
will be provided through return mail if the filer has attached to the
receipt copy a stamped self-addressed envelope of sufficient size to
contain the date stamped copy of the application. No remittance receipt
copies will be furnished. Stamped receipts of electronically-filed
applications will not be provided.
0
11. Amend Sec. 1.1113 by revising paragraph (a)(1), adding a sentence
to the end of paragraph (a)(2), and revising paragraph (a)(4) to read
as follows:
Sec. 1.1113 Filing locations.
(a) * * *
(1) Tariff filings shall be filed with the Secretary, Federal
Communications Commission, Washington, DC 20554. On the same day, the
filer should submit a copy of the cover letter, the FCC Form 159, and
the appropriate fee in accordance with the procedures established in
Sec. 1.1105.
(2) * * * Electronic payments must include the reference number
contained on the bill sent by the Commission.
* * * * *
(4) Applicants claiming an exemption from a fee requirement for an
application or other filing under 47 U.S.C. 158(d)(1) or Sec. 1.1116
of this subpart shall file their applications in the appropriate
location as set forth in the rules for the service for which they are
applying, except that request for waiver accompanied by a tentative fee
payment should be filed as set forth in Sec. Sec. 1.1102 through
1.1109.
* * * * *
0
12. Amend Sec. 1.1119 by revising paragraphs (c)(1) and (2) as
follows:
Sec. 1.1119 Petitions and applications for review.
* * * * *
(c) * * *
(1) Petitions and applications for review submitted with a fee must
be submitted electronically or to the Commission's lock box bank at the
address for the appropriate service as set forth in Sec. Sec. 1.1102
through 1.1107.
[[Page 2557]]
(2) If no fee payment is submitted, the request should be filed
electronically through the Commission's Electronic Comment Filing
System or with the Commission's Secretary.
* * * * *
PART 51--INTERCONNECTION
0
13. The authority citation for part 51 is revised to read as follows:
Authority: 47 U.S.C. 151-55, 201-05, 207-09, 218, 220, 225-27,
251-54, 256, 271, 303(r), 332, 1302.
0
14. Amend Sec. 51.329 by revising paragraph (c)(2) 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. If necessary,
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 61--TARIFFS
0
15. The authority citation for part 61 is revised to read as follows:
Authority: Secs. 1, 4(i), 4(j), 201-205 and 403 of the
Communications Act of 1934, as amended; 47 U.S.C. 151, 154(i),
154(j), 201-205 and 403, unless otherwise noted.
0
16. Revise Sec. 61.13 to read as follows:
Sec. 61.13 Scope.
(a) All issuing carriers that file tariffs are required to file
tariff publications electronically, if practicable.
(b) All tariff publications shall be filed in a manner that is
compatible and consistent with the technical requirements of the
Electronic Tariff Filing System.
(c) Tariff publications which must be filed in hard copy format
should be submitted according to the procedures set forth on the web
page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary.
0
17. Amend Sec. 61.14 by revising paragraphs (a) and (b) to read as
follows:
Sec. 61.14 Method of filing publications.
(a) Publications filed electronically must be captioned to
``Secretary, Federal Communications Commission, Washington, DC 20554.''
The Electronic Tariff Filing System will accept filings 24 hours a day,
seven days a week. The official filing date of a publication received
by the Electronic Tariff Filing System will be determined by the date
and time the transmission ends. If the transmission ends after the
close of a business day, as that term is defined in Sec. 1.4(e)(2) of
this chapter, the filing will be date and time stamped as of the
opening of the next business day.
(b) Carriers are strongly encouraged to submit publications
electronically if practicable. Carriers need only transmit one set of
files to the Commission. No other copies to any other party are
required. Publications which must be filed in hard copy format should
be submitted according to the procedures set forth on the web page of
the FCC's Office of the Secretary, https://www.fcc.gov/secretary.
* * * * *
0
18. Amend Sec. 61.17 by revising paragraph (d) to read as follows:
Sec. 61.17 Applications for special permission.
* * * * *
(d) In addition, for special permission applications requiring fees
as set forth in part 1, subpart G of this chapter, carriers shall
submit the appropriate fee and associated payment form electronically
through the process set forth in Sec. 1.1105 of this chapter and, if
practicable, the application and associated documents electronically in
accordance with the procedures set forth on the Commission's website,
www.fcc.gov/licensing-databases/fees. Applications which must be filed
in hard copy format should be submitted according to the procedures set
forth on the web page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary.
* * * * *
0
19. Amend Sec. 61.20 by revising paragraph (b) to read as follows:
Sec. 61.20 Method of filing publications.
* * * * *
(b) In addition, all tariff publications requiring fees as set
forth in part 1, subpart G of this chapter, shall be submitted
electronically if practicable in accordance with Sec. 1.1105 of this
chapter along with the electronic submission of the payment online
form. Petitions which must be filed in hard copy format should be
submitted according to the procedures set forth on the web page of the
FCC's Office of the Secretary, https://www.fcc.gov/secretary.
[FR Doc. 2018-00596 Filed 1-17-18; 8:45 am]
BILLING CODE 6712-01-P
