Pleading Cycle Established for Petitions for Reconsideration of the Performance Measures Order, 53420-53421 [2018-23081]

Download as PDF khammond on DSK30JT082PROD with PROPOSAL 53420 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Proposed Rules (b) Decision after Preliminary Inquiry. If, after conducting the preliminary inquiry described in paragraph (a) of this section, the Army General Counsel or designee determines that credible evidence exists suggesting the decedent may have committed a Federal capital crime or State capital crime, then further proceedings under this section are warranted to determine whether the decedent committed such crime. Consequently the Army General Counsel or his or her designee shall present the personal representative with a written notification of such preliminary determination and a dated, written notice of the personal representative’s procedural options. (c) Notice and Procedural Options. The notice of procedural options shall indicate that, within fifteen days, the personal representative may: (1) Request a hearing; (2) Withdraw the request for interment, inurnment, or memorialization; or (3) Do nothing, in which case the request for interment, inurnment, or memorialization will be considered to have been withdrawn. (d) Time computation. The fifteen-day time period begins on the calendar day immediately following the earlier of the day the notice of procedural options is delivered in person to the personal representative or is sent by U.S. registered mail or, if available, by electronic means to the personal representative. It ends at midnight on the fifteenth day. The period includes weekends and holidays. (e) Hearing. The purpose of the hearing is to allow the personal representative to present additional information regarding whether the decedent committed a Federal capital crime or a State capital crime. In lieu of making a personal appearance at the hearing, the personal representative may submit relevant documents for consideration. (1) If a hearing is requested, the Army General Counsel or his or her designee shall conduct the hearing. (2) The hearing shall be conducted in an informal manner. (3) The rules of evidence shall not apply. (4) The personal representative and witnesses may appear, at no expense to the Government, and shall, at the discretion of the hearing officer, testify under oath. Oaths must be administered by a person who possesses the legal authority to administer oaths. (5) The Army General Counsel or designee shall consider any and all relevant information obtained. VerDate Sep<11>2014 17:09 Oct 22, 2018 Jkt 247001 (6) The hearing shall be appropriately recorded. Upon request, a copy of the record shall be provided to the personal representative. (f) Final Determination. After considering the hearing officer’s report, the opinion of the Army General Counsel or his or her designee, and any additional information submitted by the personal representative, the Secretary of the Army or his or her designee shall determine the decedent’s eligibility for interment, inurnment, or memorialization. This determination is final and not appealable. (1) The determination shall be based on evidence that supports or undermines a conclusion that the decedent’s actions satisfied the elements of the crime as established by the law of the jurisdiction in which the decedent would have been prosecuted. (2) If an affirmative defense is offered by the decedent’s personal representative, a determination as to whether the defense was met shall be made according to the law of the jurisdiction in which the decedent would have been prosecuted. (3) Mitigating evidence shall not be considered. (4) The opinion of the local, State, or Federal prosecutor as to whether he or she would have brought charges against the decedent had the decedent been available is relevant but not binding and shall be given no more weight than other facts presented. (g) Notice of Decision. The Executive Director shall provide written notification of the Secretary’s decision to the personal representative. § 553.49 Exceptions to policies for interment or inurnment at Army Post Cemeteries. (a) Requests for exceptions to policy will be made by the Executive Director, Army National Military Cemeteries. (b) Eligibility standards for interment and inurnment are based on honorable military service. Exceptions to the eligibility standards are rarely granted. When granted, exceptions are for those persons who have made significant contributions that directly and substantially benefited the U.S. military. (c) Requests for an exception to the interment or inurnment eligibility policies shall be considered only after the individual’s death. (d) Procedures for submitting requests for exceptions to policy for interment and inurnment will be established by PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 the Executive Director, Army National Military Cemeteries. Karen L. Durham-Aguilera, Executive Director. [FR Doc. 2018–22968 Filed 10–22–18; 8:45 am] BILLING CODE 5001–03–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket No. 10–90; DA 18–1013] Pleading Cycle Established for Petitions for Reconsideration of the Performance Measures Order Federal Communications Commission. ACTION: Notice; request for comments. AGENCY: In this document, the Wireline Competition Bureau establishes a pleading cycle for Petitions for Reconsideration of the Performance Measures Order. DATES: Oppositions due November 7, 2018 and replies due November 19, 2018. ADDRESSES: All pleadings are to reference WC Docket No. 10–90. Oppositions and replies may be filed using the Commission’s Electronic Comment Filing System (ECFS), or by filing paper copies: • Electronic Filers: Oppositions and replies may be filed electronically using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/. • Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. • People with Disabilities: To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). For detailed instructions for submitting oppositions or replies see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Stephen Wang, Wireline Competition Bureau, (202) 418–7400 or TTY: (202) 418–0484. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s SUMMARY: E:\FR\FM\23OCP1.SGM 23OCP1 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Proposed Rules khammond on DSK30JT082PROD with PROPOSAL document, WC Docket No. 10–90; DA 18–1013, released on October 2, 2018. The full text of this document is available for inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY–A257, 445 12th Street SW, Washington, DC 20554. The full text is also available online at https:// apps.fcc.gov/ecfs/ and https:// www.fcc.gov/edocs. Synopsis 1. On July 6, 2018, the Wireline Competition Bureau, the Wireless Telecommunications Bureau, and the Office of Engineering and Technology adopted the Performance Measures Order. For recipients of high-cost universal service support to serve fixed locations, that Order established a framework for measuring speed and latency performance, determining a recipient’s compliance with its speed and latency obligations, and providing incentives for recipients to meet those obligations. 2. On September 19, 2018, Hughes Network Systems, LLC, Micronesian Telecommunications Corporation, and Viasat, Inc. each filed petitions for reconsideration of the Order. Additionally, USTelecom—The Broadband Association, ITTA—The Voice of America’s Broadband Providers, and the Wireless internet Service Providers Association jointly filed a petition for reconsideration, while NTCA—The Rural Broadband Association and WTA—Advocates for Rural Broadband filed applications for review. 3. Pursuant to the Commission’s rules, oppositions to the petitions for reconsideration must be filed no later than November 7, 2018 and replies to oppositions must be filed no later than November 19, 2018. Oppositions and replies may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). • Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: https://apps.fcc.gov/ ecfs/. • Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. • All hand-delivered or messengerdelivered paper filings for the VerDate Sep<11>2014 17:09 Oct 22, 2018 Jkt 247001 Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St. SW, Room TW–A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. • U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW, Washington DC 20554. 4. This proceeding shall continue to be treated as a ‘‘permit-but-disclose’’ proceeding in accordance with the Commission’s ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule § 1.1206(b). In proceedings governed by rule § 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 53421 Federal Communications Commission. Ryan Palmer, Chief, Telecommunications Access Policy Division, Wireline Competition Bureau. [FR Doc. 2018–23081 Filed 10–22–18; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 13, 15, and 16 [FAR Case 2017–010; Docket No. 2017– 0010; Sequence No. 1] RIN 9000–AN54 Federal Acquisition Regulation: Evaluation Factors for Multiple-Award Contracts; Correction Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule; correction. AGENCY: On September 24, 2018, DoD, GSA, and NASA published a document proposing to amend the Federal Acquisition Regulation (FAR) to implement a section of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017. The document heading carried an incorrect docket number. This document carries the correct docket number. DATES: Comments for the proposed rule published September 24, 2018, at 83 FR 48271, continue to be accepted on or before November 23, 2018, to be considered in the formulation of a final rule. ADDRESSES: Submit comments in response to FAR Case 2017–010 by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ‘‘FAR Case 2017–010’’ under the heading ‘‘Enter Keyword or ID’’ and selecting ‘‘Search’’. Select the link ‘‘Comment Now’’ that corresponds with ‘‘FAR Case 2017–010’’. Follow the instructions provided on the screen. Please include your name, company name (if any), and ‘‘FAR Case 2017– 010’’ on your attached document. • Mail: General Services Administration, Regulatory Secretariat Division, ATTN: Lois Mandell, 1800 F Street NW, 2nd floor, Washington, DC 20405. SUMMARY: E:\FR\FM\23OCP1.SGM 23OCP1

Agencies

[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Proposed Rules]
[Pages 53420-53421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23081]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket No. 10-90; DA 18-1013]


Pleading Cycle Established for Petitions for Reconsideration of 
the Performance Measures Order

AGENCY: Federal Communications Commission.

ACTION: Notice; request for comments.

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

SUMMARY: In this document, the Wireline Competition Bureau establishes 
a pleading cycle for Petitions for Reconsideration of the Performance 
Measures Order.

DATES: Oppositions due November 7, 2018 and replies due November 19, 
2018.

ADDRESSES: All pleadings are to reference WC Docket No. 10-90. 
Oppositions and replies may be filed using the Commission's Electronic 
Comment Filing System (ECFS), or by filing paper copies:
     Electronic Filers: Oppositions and replies may be filed 
electronically using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. Filings can be sent by 
hand or messenger delivery, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     People with Disabilities: To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an email to [email protected] or 
call the Consumer & Governmental Affairs Bureau at (202) 418-0530 
(voice), (202) 418-0432 (TTY).
    For detailed instructions for submitting oppositions or replies see 
the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Stephen Wang, Wireline Competition 
Bureau, (202) 418-7400 or TTY: (202) 418-0484.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's

[[Page 53421]]

document, WC Docket No. 10-90; DA 18-1013, released on October 2, 2018. 
The full text of this document is available for inspection and copying 
during normal business hours in the FCC's Reference Information Center 
at Portals II, CY-A257, 445 12th Street SW, Washington, DC 20554. The 
full text is also available online at https://apps.fcc.gov/ecfs/ and 
https://www.fcc.gov/edocs.

Synopsis

    1. On July 6, 2018, the Wireline Competition Bureau, the Wireless 
Telecommunications Bureau, and the Office of Engineering and Technology 
adopted the Performance Measures Order. For recipients of high-cost 
universal service support to serve fixed locations, that Order 
established a framework for measuring speed and latency performance, 
determining a recipient's compliance with its speed and latency 
obligations, and providing incentives for recipients to meet those 
obligations.
    2. On September 19, 2018, Hughes Network Systems, LLC, Micronesian 
Telecommunications Corporation, and Viasat, Inc. each filed petitions 
for reconsideration of the Order. Additionally, USTelecom--The 
Broadband Association, ITTA--The Voice of America's Broadband 
Providers, and the Wireless internet Service Providers Association 
jointly filed a petition for reconsideration, while NTCA--The Rural 
Broadband Association and WTA--Advocates for Rural Broadband filed 
applications for review.
    3. Pursuant to the Commission's rules, oppositions to the petitions 
for reconsideration must be filed no later than November 7, 2018 and 
replies to oppositions must be filed no later than November 19, 2018. 
Oppositions and replies may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. Filings can be sent by 
hand or messenger delivery, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington DC 20554.
    4. This proceeding shall continue to be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte 
rules. Persons making ex parte presentations must file a copy of any 
written presentation or a memorandum summarizing any oral presentation 
within two business days after the presentation (unless a different 
deadline applicable to the Sunshine period applies). Persons making 
oral ex parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule Sec.  1.1206(b). In proceedings governed 
by rule Sec.  1.49(f) or for which the Commission has made available a 
method of electronic filing, written ex parte presentations and 
memoranda summarizing oral ex parte presentations, and all attachments 
thereto, must be filed through the electronic comment filing system 
available for that proceeding, and must be filed in their native format 
(e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this 
proceeding should familiarize themselves with the Commission's ex parte 
rules.

Federal Communications Commission.
Ryan Palmer,
Chief, Telecommunications Access Policy Division, Wireline Competition 
Bureau.
[FR Doc. 2018-23081 Filed 10-22-18; 8:45 am]
 BILLING CODE 6712-01-P
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