Electronic Filing of Documents in Rulemaking Proceedings

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 1

[GC Docket No. 97-113; FCC 97-113]

Electronic Filing of Documents in Rulemaking Proceedings

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In order to implement the changes mandated by the

Telecommunications Act of 1996 to serve the public more quickly and

efficiently, the Commission is proposing to expand the use of

electronic filing in FCC proceedings. There has been positive public

response to the Commission's use thus far of new information

technologies. In this proceeding, the Commission proposes to amend its

rules to permit the filing of comments in rulemaking proceedings

(except broadcast allotment proceedings) over the Internet. This

proceeding will make it easier for the public to participate in FCC

rulemaking proceedings and is an important step not only in the

Commission's ongoing efforts to prepare the FCC for the information

age.

DATES: Comments are due May 21, 1997 and reply comments are due June 5,

1997.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W.,

Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Laurence H. Schecker, Office of

General Counsel, (202) 418-1720.

SUPPLEMENTARY INFORMATION:

Adopted: April 4, 1997.

Released: April 7, 1997.

I. Introduction

1. In this Notice of Proposed Rulemaking (NPRM), we propose to

allow parties to file comments 1 electronically in all FCC

informal notice and comment rulemaking proceedings conducted under

section 553 of the Administrative Procedure Act, except for broadcast

allotment proceedings. 2 These electronic filings would be given

the same treatment and consideration as comments filed on paper. We

tentatively conclude that this action will make it significantly easier

for members of the public to communicate their views to the Commission,

and to review comments that others have filed. We believe that

electronic filing will also allow the Commission to improve the

efficiency of its own processes, to the benefit of the public.

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\1\ Throughout this NPRM, we use the term ``comments'' to refer

to comments, reply comments, and other documents filed in notice and

comment rulemaking proceedings prior to the reply comment deadline.

\2\ 5 U.S.C. Sec. 553. Broadcast allotment proceedings are large

in number and are therefore not included in this pilot program. In

addition, they are restricted under the Commission's ex parte rules,

47 CFR Sec. 1.1208, which increases the chances that electronic

filings might not be properly served on the parties.

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II. Background

2. The FCC is committed to taking advantage of new information

technologies to better serve the public. For nearly two years, we have

made virtually every FCC order, notice of proposed rulemaking, public

notice, and news release available at no charge through the Internet.

We have

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continuously improved our World Wide Web site at http://www.fcc.gov>

to make it more content-rich and easier to navigate. In addition, we

have established an electronic mailbox, [email protected]>, for

submitting questions to the agency, and all the major operating Bureaus

within the FCC now have their own World Wide Web home pages. Our Web

site now receives roughly 110,000 individual ``hits'' daily, from more

than 70,000 unique users every month.

3. In 1994, we appointed a Special Counsel for Reinventing

Government to examine what steps the Commission had taken, and could

take in the future, to better serve the public. The Special Counsel

issued a detailed report entitled Creating a Federal Communications

Commission for the Information Age, which, in turn, led to the largest

reorganization in the history of the agency. 3 Since that time, we

have taken many steps to use information technology to better serve the

public. In major proceedings, we have invited commenters to file copies

of their paper comments on diskette, and we have posted the comments

received in this manner on our Internet site. We have created

electronic mailboxes to accept informal comments in proceedings of

particular interest to the Internet community, such as the Unlicensed

National Information Infrastructure (U-NII) spectrum proposal 4

and the America's Carriers Telecommunication Association (ACTA)

petition on Internet telephony. 5 In one recent proceeding,

dealing with implications of Internet services for the public switched

telephone network, 6 we received over 400,000 electronic mail

(``e-mail'') messages in less than a month. We are making extensive use

of electronic data submission and bidding in connection with our

ongoing spectrum auctions, and we are rapidly moving forward with

electronic filing mechanisms for, among other things, amateur radio

forms, commercial wireless services, and tariffs filed by

telecommunications carriers.

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\3\ Report on Creating an FCC for the Information Age, Special

Counsel to the FCC for Reinventing Government, Public Notice 51978

(February 2, 1995).

\4\ See In the Matter of Amendment of the Commission's Rules to

Provide for Operation of Unlicensed NII Devices in the 5 GHz

Frequency Range, Report and Order, ET Docket No. 96-102, FCC 97-5

(released January 9, 1997), 62 FR 4649, January 31, 1997.

\5\ See Common Carrier Bureau Clarifies and Extends Request for

Comment on ACTA Petition Relating to ``Internet Phone'' Software and

Hardware--RM No. 8775, Public Notice, DA 96-414 (March 25, 1996).

This latter proceeding was not a notice and comment rulemaking

proceeding and would not be covered by our proposal here.

\6\ Access Charge Reform, Notice of Proposed Rulemaking, Third

Report and Order, and Notice of Inquiry, FCC 96-488 (released

December 24, 1996), 62 FR 4670, January 31, 1997.

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4. The enactment of the Telecommunications Act of 1996 (1996 Act)

gave further impetus to our procedural reform effort. In order to

implement the sweeping changes mandated by the 1996 Act, the Commission

must serve the public more quickly and efficiently, and must maximize

the opportunities for public input. On the same day that the 1996 Act

was signed into law, the Commission issued a Notice of Inquiry (NOI)

that invited the public, the communications industry, the bar, and

state and local governments to make candid, comprehensive, and

constructive suggestions to improve the full range of the Commission's

routine processing procedures. 7 We sought comment on ways to

eliminate redundancies, reduce waste and increase efficiency. We also

sought comment on our current use of technology and how we can expand

our use of technology to reduce regulatory burdens. We invited

proposals for more effective methods of collecting and sharing

information with regulated entities and the public, and we asked how we

could better meet our customer service standards and goals.

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\7\ Improving Commission Processes, Notice of Inquiry, PP Docket

No. 96-17, 11 FCC Rcd 14006 (1996).

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5. We received numerous comments to our NOI. Virtually all of them

advocated the expanded use of electronic filing in FCC proceedings.

8 The Commission recognizes that electronic filing can make it

easier for industry and the public to communicate with the FCC, and

allow us to provide better service to the public. To the extent that it

allows small businesses to communicate their views more easily in FCC

proceedings, it also reduces regulatory barriers to entry, consistent

with Section 257 9 of the Communications Act, which directs the

Commission to identify and eliminate market entry barriers for small

businesses in the provision of telecommunications services.

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\8\ See, e.g., GTE comments at 18; NECA comments at 2; SBC

comments at 5; FCBA comments at 3-4.

\9\ 47 U.S.C. Sec. 257.

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6. Therefore, as the next step in our continuing effort to improve

FCC processes, we have launched a comprehensive electronic filing

initiative, one aspect of which is this rulemaking proceeding. We are

also developing an on-line World Wide Web page interface that will make

it possible for parties to submit documents to us electronically in all

rulemaking proceedings. A more far-reaching aspect of the initiative

will involve replacement of the Commission's aging, proprietary Record

Image Processing System (RIPS), which currently provides access to

comments filed with the Commission in notice and comment rulemaking

proceedings as well as a variety of filings in other kinds of docketed

proceedings (e.g., tariff investigations, formal hearings before

Administrative Law Judges, and applications by Bell Operating Companies

to provide out-of-region long-distance service). By developing a new

electronic processing system to complement, and eventually replace,

RIPS, we hope to make it possible for the public to submit all

documents now processed through RIPS to us directly through the

Internet and other electronic means. This new system will allow parties

and the public to search for and download comments and other filings in

open FCC proceedings via the Internet, rather than coming to the FCC

Reference Center or purchasing paper copies from the Commission's copy

contractor.

7. At this time, however, the Commission's rules do not provide for

the filing of formal comments in notice and comment rulemaking

proceedings in electronic form. In order to establish explicit

procedures for electronic comment filing for notice and comment

rulemaking proceedings, and in order to address important

implementation issues, we believe a rulemaking proceeding is

appropriate. 10 We therefore initiate this proceeding as an

important step not only in our electronic filing initiative, but in our

ongoing efforts to prepare the FCC for the information age.

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\10\ Even though these proposed rules involve Commission

organization, procedure, and practice normally exempt from notice

and comment requirements, see 5 U.S.C. Sec. 553(b), we believe it is

important to seek public comment on the electronic filing initiative

through an open rulemaking process.

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III. Discussion

A. Formal Status of Electronically Filed Comments

8. An estimated 40 million people in the United States now have

access to the global Internet, and that number is growing rapidly.

11 Allowing parties to use the Internet and other forms of

electronic transmission to file comments in FCC rulemaking proceedings

would make it simpler for people to submit comments to the Commission,

and

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would allow comments to be made available for review on-line in an

efficient manner. We therefore tentatively conclude that allowing

comments to be filed in electronic format in all rulemaking proceedings

(other than broadcast allotment proceedings) 12 would serve the

public interest.

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\11\ See, e.g., Jared Sandberg, ``U.S. Households with Internet

Access Doubled to 14.7 Million in Past Year,'' Wall Street Journal,

October 21, 1996, at B11.

\12\ See footnote 2, supra, and para. 10, infra.

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9. The FCC rules include specific requirements for comments filed

in rulemaking proceedings and considered by the Commission. 13

Comments that do not meet these filing requirements are treated as

``informal'' comments. 14 Several provisions of the rules

currently require comments, replies, and other documents to be filed on

paper. We tentatively conclude that these rules should be modified so

that, to the extent possible, electronically filed comments receive the

same treatment and consideration as comments filed on paper. Specific

proposed rule changes are set forth below. We seek comment on this

conclusion, and on any other rule changes that would be necessary to

facilitate electronic filing of comments in rulemaking proceedings. We

also ask for comment on whether we should apply these electronic filing

procedures to comments or pleadings filed in connection with steps that

are preliminary to notice and comment rulemaking--e.g., petitions for

rulemaking (other than in broadcast allotment proceedings), notice of

inquiry proceedings--as well as petitions for reconsideration and

responsive comments or pleadings filed in notice and comment

rulemakings other than broadcast allotment proceedings. 15

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\13\ See, e.g., 47 CFR Secs. 1.49, 1.419.

\14\ 47 CFR Sec. 1.419(b).

\15\ If the Commission decides to do so, other rules may need to

be modified, including Rule 1.52, 47 CFR Sec. 1.52. See also para.

20, infra.

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10. At this time, we limit our proposal to comments, reply

comments, and other documents filed in rulemaking proceedings, other

than rulemaking proceedings involving amendments of the FM or

television Tables of Allotments. We need more experience with this new

system before we expand the scope of the electronic filing option.

Moreover, other types of proceedings may present different and more

difficult implementation issues. Commenters are free to make

suggestions about future implementation in other areas as the

Commission considers the broader electronic filing initiative discussed

in paragraph 6, above.

B. Implementation Issues

11. We believe that formal electronic filing in rulemaking

proceedings can be implemented in a reasonable manner that will benefit

both the Commission and the public. It is important, however, to

address administrative and implementation issues that may arise as we

seek to allow formal comments to be filed electronically. In addition,

electronic filing will require internal procedures to ensure that

comments can be processed and made available for review in a timely

manner. Some of these issues are most appropriately addressed in the

context of this rulemaking proceeding, while others are best resolved

through guidelines that we will establish in subsequent public notices

or in notices of proposed rulemaking in specific proceedings. In both

cases, however, public input will be beneficial, and thus we seek

comment on several topics that we believe should be addressed.

12. We seek comment on the means by which electronic comments in

rulemaking proceedings should be submitted to the Commission. For

example, we currently require parties to file multiple copies of formal

comments with the Secretary, and usually ask that separate copies be

submitted to our copy contractor, to facilitate distribution of copies

within the Commission. We tentatively conclude that, if comments are

filed electronically, parties would need only to submit one electronic

``copy,'' which could automatically be distributed by the FCC to the

appropriate Bureaus and Offices, as well as the copy contractor, in

electronic form. We seek comment on this approach.

13. In the past, we have accepted informal comments and copies of

paper comments via e-mail and diskette. In the interim period before

our new electronic comment processing system is operational and we have

completed this rulemaking proceeding, we intend to continue and expand

the use of diskette and e-mail filing, in order to provide some level

of electronic filing availability to the public as soon as possible.

Both of these methods, however, require additional processing on the

part of FCC staff. Diskettes must be individually loaded onto FCC

computers and scanned for computer viruses, files must be manually

transferred from each diskette, and FCC staff must extract the

necessary filing data such as docket number from the files. Electronic

mail also requires additional effort to extract and verify filing data,

and to screen e-mail filings for transfer into a central database.

14. In order to reduce these administrative burdens, we therefore

tentatively conclude that the primary mechanism for electronic filing

of formal comments in rulemaking proceedings should be a World Wide Web

page form, 16 through which parties may upload their comments

directly into a database or input brief comments directly. This

mechanism would allow filing data to be submitted and verified

automatically. 17 Parties will continue to be able to obtain paper

copies of comments from the Commission or its copy contractor as they

currently do, or they can print their own hard copies of the comments

directly from the Internet posting. Moreover, a Web page interface will

allow parties to use the same system to search for and download

comments filed in a proceeding as they do to file their own comments.

Such a system will also allow the Commission to provide additional

documentation on filing requirements for those parties that require it,

through additional Web pages linked to the comment filing form. We seek

comment on this proposal. Parties are invited to comment on the

feasibility and desirability of other media, such as CD-ROMs and dial-

up bulletin board systems, for submitting electronic filings.

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\16\ The FCC Electronic Comment page form is an interactive

Internet page designed to accept data in a specified format for

transfer to a database.

\17\ An automated script would verify that all necessary fields

are filled out, and could send a reply message to the party if any

information is missing. FCC staff, however, still would likely be

required to verify that information provided is accurate, especially

with respect to fields such as the docket number of the proceeding.

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15. The security and integrity of comments filed electronically is

a significant concern. Our electronic comment processing system will

utilize a secure database that can only be modified by authorized FCC

staff. Commenters that are particularly concerned about security of

their filings, or that lack access to electronic filing capabilities,

may always file their comments on paper.

16. We seek comment on whether any special measures are necessary

to authenticate or secure electronic comments in rulemaking

proceedings. Electronic comments can be forged, but the risk appears to

be no greater than with paper comments. If, as our proposed rules

reflect, 18 we were to permit electronic filing without any

special security measures, other than requiring basic identifying

information (such as name, street address, telephone number, and e-mail

address) as a point of contact, it would be up to the

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commenters, as it is today for paper filings, to identify fraudulent

filings. We invite parties to comment on our proposed rule and on

whether the benefits of any special authentication or security

measures--such as encryption, digital signatures, or account numbers

for each commenter--would outweigh the additional administrative

difficulties and other concerns about such a requirement.

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\18\ We have proposed revisions to Section 1.419 to adapt that

rule to electronic filings.

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17. We also seek comment on whether any special procedures should

be developed to mitigate frivolous or abusive filings. The Commission

has authority to reject such filings.19 Although we recognize the

ease of electronic filing may increase the likelihood that some

individuals or groups will make frivolous, abusive, or repetitive

filings in this manner, we tentatively conclude that no special

procedures should be created to address this concern. We seek comment

on whether any rules or procedures are necessary to respond to concerns

about frivolous or abusive filings, and we invite parties to suggest

measures that would decrease the likelihood of such filings without

overly burdening commenters.

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\19\ See, e.g., Commission Taking Tough Measures Against

Frivolous Pleadings, Public Notice, FCC 96-42, 11 FCC Rcd. 3030

(1996).

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18. We tentatively conclude that the filing date and time for

comments submitted by electronic mail shall be the date the document is

received by the FCC. Although comments filed via the Internet may take

time in transit to the FCC due to network congestion or large attached

files, we believe that this transmission period will usually be quite

short, and that these rules are the only enforceable means for

determining when comments are filed. Moreover, basing the filing date

on the time of receipt by the FCC tracks our existing rules for paper

filings.20 We plan to implement a confirmation mechanism so that

parties filing electronically will receive an automatic acknowledgement

specifying the official receipt date and time of their filings. We seek

comment on these tentative conclusions, and we invite parties to

suggest alternative or additional measures to ensure timely receipt and

notification of comment filings.

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\20\ 47 CFR Sec. 1.7.

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19. We tentatively conclude that electronic comments will be

subject to the same treatment as paper comments, in that comments that

are received before the applicable deadline that meet the necessary

formalities will be treated as formal filings, and comments that are

received after the deadlines, or that fail to meet the necessary

formalities, will be treated as informal or ex parte filings.

Consistent with our existing rules, we tentatively conclude that

electronic comments may be received as informal or ex parte filings in

a non-restricted rulemaking proceeding, until that proceeding is

terminated (or the docket is closed) and no longer subject to a

petition for reconsideration or clarification, except during the

Sunshine Period.21 We seek comment on these proposals.

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\21\ See 47 CFR Secs. 1.1202(f), 1.1203. As now, if ex parte

filings in a non-restricted proceeding are received during the

Sunshine Period, they will be processed in accordance with the ex

parte rules. See, e.g., 47 CFR Sec. 1.1212.

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20. Finally, if we were to extend the rules to petitions for

reconsideration, we tentatively conclude that, where service of

documents is required on specific parties (e.g., oppositions to

petitions for reconsideration under 47 CFR Sec. 1.429(f)), such service

must be made with paper documents, unless the party to be served agrees

to accept electronic service of these materials. In such a situation,

parties may file electronically with the FCC, but we cannot control the

means by which other parties choose to accept information. We seek

comment on this tentative conclusion, and we seek comment on possible

means of facilitating electronic service.

21. This rulemaking proceeding will address the necessary changes

in our rules to make possible formal electronic filings in rulemaking

proceedings other than broadcast allotment proceedings. We intend to

develop more specific procedural guidelines for filings in subsequent

public notices or solicitation of public comment in specific dockets.

We anticipate that these guidelines will address issues such as: the

specific procedures for filing comments electronically; formatting of

electronically filed documents; and alternate methods of obtaining

copies of documents filed electronically. We will endeavor to make this

information as easily available as possible.

22. We request public input on the specific procedures by which we

accept comments electronically. Therefore, we invite parties to comment

on any other procedural or administrative issues with respect to

electronic filing of comments. For example, how should we specify page

limits or file size limits for electronic filings? What file formats

should we accept? Should we establish any requirements for formatting

of electronic documents, such as paragraph numbering? What would be the

standard system for citations to electronically filed comments, since

page breaks in a file may differ when viewed or printed on different

computer systems? How should service requirements for the Bureau or

Office handling a proceeding, and FCC Commissioners, be handled?

IV. Conclusion

23. We believe that allowing parties to file comments

electronically in all FCC notice and comment rulemaking proceedings

other than broadcast allotments, and giving those comments the same

treatment and consideration as paper comments, will serve the public

interest. We encourage parties to comment on the questions we raise in

this Notice, so that our electronic filing initiative may be

implemented in the most effective manner.

V. Procedural Issues

A. Ex Parte Presentations

24. This is a non-restricted notice-and-comment rulemaking

proceeding. Ex parte presentations are permitted, except during the

Sunshine Period, provided that they are disclosed as provided in the

Commission's rules. See generally 47 CFR Secs. 1.1202, 1.1203 and

1.1206.

B. Initial Regulatory Flexibility Analysis

25. Section 603 of the Regulatory Flexibility Act, as amended,

requires an initial regulatory flexibility analysis in notice and

comment rulemaking proceedings, unless we certify that ``the rule will

not, if promulgated, have a significant economic impact on a

significant number of small entities.'' Our purpose in granting

electronically filed comments comparable legal treatment to comments

filed on paper is to simplify and clarify the existing rules, and to

give parties additional options for filing comments. The modifications

do not impose any additional compliance burden on persons dealing with

the Commission, including small entities. All parties will still be

permitted to file comments on paper, exactly as they do today. We

anticipate that the revisions we propose will make it easier for small

entities as well as others that wish to file and review comments

electronically to do so. Accordingly, we certify, pursuant to Section

605(b) of the Regulatory Flexibility Act, as amended by the Contract

with America Advancement Act of 1996 (CWAAA), Public Law 104-121, 110

Stat. 847 (1996), that the rules will not have a significant economic

impact on a substantial number of small entities. 5 U.S.C. Sec. 605(b).

The Secretary shall send a copy of this Report and Order, including

this certification, to the Chief Counsel for Advocacy of the Small

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Business Administration. 5 U.S.C. Sec. 605(b). A copy of this

certification will also be published in the Federal Register. Id.

C. Initial Paperwork Reduction Act of 1995 Analysis

26. The requirements proposed herein have been analyzed with

respect to the Paperwork Reduction Act of 1995, Public Law 104-13, and

found to impose no new or modified information collection requirement

on the public. The filing of comments in FCC proceedings is voluntary,

and the modifications proposed in this NPRM do not create any new

obligations for parties that wish to file comments. Parties may

continue to file comments on paper, under exactly the same procedures

as applied prior to this NPRM.

D. Comment Filing Procedures

27. Pursuant to applicable procedures set forth in sections 1.415

and 1.419 of the Commission's rules, 47 CFR Secs. 1.415, 1.419,

interested parties may file comments on or before 30 days after

publication in the Federal Register and reply comments on or before 45

days after publication in the Federal Register. For purposes of this

proceeding, we hereby waive those provisions of our rules that require

formal comments to be filed on paper, and encourage parties to file

comments electronically. Electronically filed comments that conform to

the guidelines of this section will be considered part of the record in

this proceeding and accorded the same treatment as comments filed on

paper pursuant to our rules.

28. To file electronic comments in this proceeding, you must use

the electronic filing interface available on the FCC's World Wide Web

site at http://www.fcc.gov/comments/commurls.html>. Further

information on the process of submitting comments electronically is

available at that location. Parties that file comments electronically

should also send a copy of any documents filed with the Commission in

this docket to the Commission's copy contractor, International

Transcription Services, Inc. (ITS), by e-mail to

[email protected]>. Information about ITS is available on the

World Wide Web at http://www.itsi.com>.

29. To file paper comments in this proceeding, you must file an

original and four copies of all comments, reply comments, and

supporting comments. If you would like each Commissioner to receive a

personal copy of your paper filings, you must file an original and nine

copies. Paper comments and reply comments should be sent to Office of

the Secretary, Federal Communications Commission, 1919 M Street, N.W.,

Room 222, Washington, D.C. 20554. Parties that file paper comments

should also submit one copy of any documents filed in this docket with

ITS, 2100 M Street, N.W., Suite 140, Washington, D.C. 20037.

30. Comments and reply comments will be available for public

inspection during regular business hours in the FCC Reference Center,

1919 M Street, N.W., Room 239, Washington, D.C. 20554. Comments filed

electronically through the Internet will also be made available on the

FCC's World Wide Web site at http://www.fcc.gov>.

E. Contact Person

31. For further information concerning this proceeding contact

Laurence H. Schecker, Office of General Counsel, at (202) 418-1720.

VI. Ordering Clause

32. 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),

(j), a notice of proposed rulemaking is hereby adopted.

List of Subjects

47 CFR Part 0

Organization and functions (Government agencies).

47 CFR Part 1

Administrative practice and procedure.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Parts 0 and 1 of Title 47 of the Code of Federal Regulations are

proposed to be amended as follows:

PART 0--COMMISSION ORGANIZATION

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

Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,

225, unless otherwise noted.

2. Section 0.401 is amended by adding paragraph (a)(1)(iii) to read

as follows:

Sec. 0.401 Location of Commission offices.

* * * * *

(a) * * *

(1) * * *

(iii) Electronic filings, where permitted, must be transmitted as

specified by the Commission or relevant Bureau or Office.

* * * * *

PART 1--PRACTICE AND PROCEDURE

1. The authority citation for part 1 continues to read as follows:

Authority: 47 U.S.C. 151, 154, 207, 303 and 309(j) unless

otherwise noted.

2. Section 1.46 is amended by revising paragraphs (b) and (c) to

read as follows:

Sec. 1.46 Motions for extension of time.

* * * * *

(b) Motions for extension of time in which to file responses to

petitions for rulemaking, replies to such responses, comments filed in

response to notice of proposed rulemaking, replies to such comments and

other filings in rulemaking proceedings conducted under subpart C of

this part shall be filed at least 7 days before the filing date. If a

timely motion is denied, the responses and comments, replies thereto,

or other filings need not be filed until 2 business days after the

Commission acts on the motion. In emergency situations, the Commission

will consider a late-filed motion for a brief extension of time related

to the duration of the emergency and will consider motions for

acceptance of comments, reply comments or other filings made after the

filing date.

(c) If a motion for extension of time in which to make filings in

proceedings other than notice and comment rulemaking proceedings is

filed less than 7 days prior to the filing day, the party filing the

motion shall (in addition to serving the motion on other parties)

orally notify other parties and Commission staff personnel responsible

for acting on the motion that the motion has been (or is being) filed.

3. Section 1.47 is amended by revising paragraph (d) to read as

follows:

Sec. 1.47 Service of documents and proof of service.

* * * * *

(d) Documents may be served upon a party, its attorney, or other

duly constituted agent by delivering a copy or by mailing a copy to the

last known address. When a party is represented by an attorney of

record in a formal proceeding, service shall be made upon such

attorney. Documents that are required to be served must be served in

paper form, even if documents are filed in electronic form with the

Commission, unless the party to be served agrees to accept service in

some other form.

* * * * *

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4. Section 1.49 is amended by revising paragraph (a) and adding new

paragraph (f) 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 on A4 (21 cm. x 29.7 cm.) or

on 8\1/2\ x 11 inch (21.6 cm. x 27.9 cm.) paper 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.). The printed material may be in any

typeface of at least 12-point (0.42333 cm. or \12/72\'') in height. The

body of the text must be double spaced with a minimum distance of \7/

32\ of an inch (0.5556 cm.) between each line of text. Footnotes and

long, indented quotations may be single spaced, but must be in type

that is 12-point or larger in height, with at least \1/16\ of an inch

(0.158 cm.) between each line of text. Counsel are cautioned against

employing extended single spaced passages or excessive footnotes to

evade prescribed pleading lengths. If single-spaced passages or

footnotes are used in this manner the pleading will, at the discretion

of the Commission, either be rejected as unacceptable for filing or

dismissed with leave to be refiled in proper form. Pleadings may be

printed on both sides of the paper. Pleadings that use only one side of

the paper shall be stapled, or otherwise bound, in the upper left-hand

corner; those using both sides of the paper shall be stapled twice, or

otherwise bound, along the left-hand margin so that it opens like a

book. The foregoing shall not apply to printed briefs specifically

requested by the Commission, documents filed in electronic form,

official publications, charted or maps, original documents (or

admissible copies thereof) offered as exhibits, specially prepared

exhibits, or if otherwise specifically provided. All copies shall be

clearly legible.

* * * * *

(f) Comments, reply comments, and other documents filed before the

close of the reply comment period, may be filed in electronic form in

any rulemaking proceeding other than broadcast allotment proceedings.

The Commission may adopt specific requirements for formatting and

filing of documents submitted in electronic form. For purposes of

paragraphs (b) and (c) of this section, and any prescribed pleading

lengths, the length of any comment or reply comment filed in electronic

form in a rulemaking proceeding shall be equal to the length of the

document if printed out and formatted according to the specifications

of paragraph (a) of this section.

* * * * *

5. Section 1.419 is amended by adding new paragraphs (d) and (e) to

read as follows:

Sec. 1.419 Form of comments and replies; number of copies.

* * * * *

(d) Participants that file comments and replies in electronic form

need only submit one copy of those comments, so long as the submission

conforms to any procedural or filing requirements established for

formal electronic comments.

(e) Comments and replies filed in electronic form by a party

represented by an attorney shall include the name, street address, and

telephone number of at least one attorney of record. Parties not

represented by an attorney that file comments and replies in electronic

form shall provide their name, street address, and telephone number.

[FR Doc. 97-9913 Filed 4-18-97; 8:45 am]

BILLING CODE 6712-01-P