82_FR_44940 82 FR 44755 - Procedural Rules Governing Formal Complaint Proceedings NPRM

82 FR 44755 - Procedural Rules Governing Formal Complaint Proceedings NPRM

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 185 (September 26, 2017)

Page Range44755-44756
FR Document2017-20586

In this document, a Notice of Proposed Rulemaking (NPRM) proposes a uniform set of procedural rules for formal complaint proceedings delegated to the Enforcement Bureau and currently handled by its Market Disputes Resolution Division and Telecommunications Consumers Division. Specifically, the NPRM proposes to streamline and consolidate the procedural rules governing formal complaints filed under Section 208 of the Communications Act of 1934, as amended (Act); pole attachment complaints filed under Section 224 of the Act; and formal advanced communications services and equipment complaints filed under Sections 255, 716, and 718 of the Act. These separate sets of procedural rules are not congruent, and the inconsistencies have led to needless confusion.

Federal Register, Volume 82 Issue 185 (Tuesday, September 26, 2017)
[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Proposed Rules]
[Pages 44755-44756]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20586]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[EB Docket No. 17-245; FCC 17-115]


Procedural Rules Governing Formal Complaint Proceedings NPRM

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: In this document, a Notice of Proposed Rulemaking (NPRM) 
proposes a uniform set of procedural rules for formal complaint 
proceedings delegated to the Enforcement Bureau and currently handled 
by its Market Disputes Resolution Division and Telecommunications 
Consumers Division. Specifically, the NPRM proposes to streamline and 
consolidate the procedural rules governing formal complaints filed 
under Section 208 of the Communications Act of 1934, as amended (Act); 
pole attachment complaints filed under Section 224 of the Act; and 
formal advanced communications services and equipment complaints filed 
under Sections 255, 716, and 718 of the Act. These separate sets of 
procedural rules are not congruent, and the inconsistencies have led to 
needless confusion.

DATES: Interested persons are invited to submit comments on or before 
October 26, 2017. Reply comments are due on or before November 13, 
2017.

[[Page 44756]]


ADDRESSES: You may submit comments, identified by EB Docket No. 17-245, 
by any of the following methods:
     Federal Communications Commission's Web site: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
     Mail: 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 9300 East Hampton Drive, Capitol Heights, MD 20743. 
U.S. Postal Service first-class, Express, and Priority mail must be 
addressed to 445 12th Street SW., Washington DC 20554.
     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).
    In addition to filing comments with the Secretary, a copy of any 
comments on the Paperwork Reduction Act information collection 
requirements contained herein should be submitted to the Federal 
Communications Commission via email to [email protected].

FOR FURTHER INFORMATION CONTACT: Enforcement Bureau, Market Disputes 
Resolution Division, at (202) 418-7330. For additional information 
concerning the Paperwork Reduction Act information collection 
requirements contained in this document, send an email to [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in EB Docket No. 17-245, adopted 
September 13, 2017 and released September 18, 2017. The full text of 
this document is available for public inspection during regular 
business hours in the FCC Reference Information Center, Portals II, 445 
12th Street SW., Room CY-A257, Washington, DC 20554. It is available on 
the Commission's Web site at https://apps.fcc.gov/edocs_public/.
    This document contains proposed modified information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, we 
seek specific comment on how we might further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2017-20586 Filed 9-25-17; 8:45 am]
 BILLING CODE 6712-01-P



                         Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules                                                44755

     terminating traffic to bill-and-keep, and               must submit two additional copies for                 can be found) in lieu of summarizing
     implementation of the adopted mandate                   each additional docket or rulemaking                  them in the memorandum. Documents
     to move all traffic to bill-and-keep. The               number.                                               shown or given to Commission staff
     Commission also seeks comment on                           • Filings can be sent by hand or                   during ex parte meetings are deemed to
     other developments related to those                     messenger delivery, by commercial                     be written ex parte presentations and
     issues that should be considered in the                 overnight courier, or by first-class or               must be filed consistent with rule
     context of further ICC reform.                          overnight U.S. Postal Service mail. All               1.1206(b). In proceedings governed by
     DATES: The FCC should receive                           filings must be addressed to the                      rule 1.49(f) or for which the
     comments by October 26, 2017; reply                     Commission’s Secretary, Office of the                 Commission has made available a
     comments should be received November                    Secretary, Federal Communications                     method of electronic filing, written ex
     13, 2017.                                               Commission.                                           parte presentations and memoranda
     ADDRESSES: Federal Communications
                                                                • All hand-delivered or messenger-                 summarizing oral ex parte
     Commission at 445 12th Street SW.,                      delivered paper filings for the                       presentations, and all attachments
     Room TW–A325, Washington, DC                            Commission’s Secretary must be                        thereto, must be filed through the
     20554.                                                  delivered to FCC Headquarters at 445                  electronic comment filing system
                                                             12th Street SW., Room TW–A325,                        available for that proceeding, and must
     FOR FURTHER INFORMATION CONTACT:                        Washington, DC 20554. The filing hours
     Joseph Price, Pricing Policy Division,                                                                        be filed in their native format (e.g., .doc,
                                                             are 8:00 a.m. to 7:00 p.m. All hand                   .xml, .ppt, searchable .pdf). Participants
     Wireline Competition Bureau at (202)                    deliveries must be held together with
     418–1423 or via email at Joseph.Price@                                                                        in this proceeding should familiarize
                                                             rubber bands or fasteners. Any                        themselves with the Commission’s ex
     fcc.gov.                                                envelopes and boxes must be disposed                  parte rules.
     SUPPLEMENTARY INFORMATION: This is a                    of before entering the building.
     summary of the Commission’s                                • Commercial overnight mail (other                 Federal Communications Commission.
     document WC Docket 10–90, CC Docket                     than U.S. Postal Service Express Mail                 Pamela S. Arluk,
     No. 01–92; DA 17–863, released on                       and Priority Mail) must be sent to 9300               Chief, Pricing Policy Division.
     September 8, 2017. This document does                   East Hampton Drive, Capitol Heights,                  [FR Doc. 2017–20353 Filed 9–25–17; 8:45 am]
     not contain information collection(s)                   MD 20743.                                             BILLING CODE 6712–01–P
     subject to the Paperwork Reduction Act                     • U.S. Postal Service first-class,
     of 1995 (PRA), Public Law 104–13. In                    Express, and Priority mail must be
     addition, therefore, it does not contain                addressed to 445 12th Street SW.,                     FEDERAL COMMUNICATIONS
     any new or modified ‘‘information                       Washington, DC 20554.                                 COMMISSION
     collection burden[s] for small business                    People with Disabilities: To request
     concerns with fewer than 25                             materials in accessible formats for                   47 CFR Chapter I
     employees,’’ pursuant to the Small                      people with disabilities (Braille, large
                                                                                                                   [EB Docket No. 17–245; FCC 17–115]
     Business Paperwork Relief Act of 2002.                  print, electronic files, audio format),
     The full text of this document may be                   send an email to fcc504@fcc.gov or call               Procedural Rules Governing Formal
     downloaded at the following Internet                    the Consumer & Governmental Affairs                   Complaint Proceedings NPRM
     address: https://apps.fcc.gov/edocs_                    Bureau at (202) 418–0530 (voice) or
     public/attachmatch/DA-17-863A1.doc.                     (202) 418–0432 (tty).                                 AGENCY: Federal Communications
        The complete text maybe purchased                       The proceeding shall be treated as a               Commission.
     from Best Copy and Printing, Inc., 445                  ‘‘permit-but-disclose’’ proceeding in                 ACTION: Notice of proposed rulemaking.
     12th Street SW., Room CY–B402,                          accordance with the Commission’s ex
                                                             parte rules. Persons making ex parte                  SUMMARY:   In this document, a Notice of
     Washington, DC 20554. To request                                                                              Proposed Rulemaking (NPRM) proposes
     alternative formats, for persons with                   presentations must file a copy of any
                                                             written presentation or a memorandum                  a uniform set of procedural rules for
     disabilities (e.g. accessible format                                                                          formal complaint proceedings delegated
     documents, sign language, interpreters,                 summarizing any oral presentation
                                                             within two business days after the                    to the Enforcement Bureau and
     CARTS, etc.), send an email to fcc504@                                                                        currently handled by its Market
     fcc.gov or call the Commission’s                        presentation (unless a different deadline
                                                             applicable to the Sunshine period                     Disputes Resolution Division and
     Consumer and Governmental Affairs                                                                             Telecommunications Consumers
     Bureau at (202) 418–0530 or (202) 418–                  applies). Persons making oral ex parte
                                                             presentations are reminded that                       Division. Specifically, the NPRM
     0432 (TTY).                                                                                                   proposes to streamline and consolidate
        Interested parties may file comments                 memoranda summarizing the
                                                             presentation must (1) list all persons                the procedural rules governing formal
     and reply comments on or before the
                                                             attending or otherwise participating in               complaints filed under Section 208 of
     dates established by Federal Register
                                                             the meeting at which the ex parte                     the Communications Act of 1934, as
     publication. Comments may be filed
                                                             presentation was made, and (2)                        amended (Act); pole attachment
     using the Commission’s Electronic
                                                             summarize all data presented and                      complaints filed under Section 224 of
     Comment Filing System (ECFS). See
                                                             arguments made during the                             the Act; and formal advanced
     Electronic Filing of Documents in
                                                             presentation. If the presentation                     communications services and
     Rulemaking Proceedings, 63 FR 24121
                                                             consisted in whole or in part of the                  equipment complaints filed under
     (1998).
        • Electronic Filers: Comments may be                 presentation of data or arguments                     Sections 255, 716, and 718 of the Act.
     filed electronically using the Internet by              already reflected in the presenter’s                  These separate sets of procedural rules
     accessing the ECFS: https://                            written comments, memoranda or other                  are not congruent, and the
     www.fcc.gov/ecfs/.                                      filings in the proceeding, the presenter              inconsistencies have led to needless
        • Paper Filers: Parties who choose to                may provide citations to such data or                 confusion.
     file by paper must file an original and                 arguments in his or her prior comments,               DATES: Interested persons are invited to
     one copy of each filing. If more than one               memoranda, or other filings (specifying               submit comments on or before October
     docket or rulemaking number appears in                  the relevant page and/or paragraph                    26, 2017. Reply comments are due on or
     the caption of this proceeding, filers                  numbers where such data or arguments                  before November 13, 2017.


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     44756               Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules

     ADDRESSES:    You may submit comments,                  445 12th Street SW., Room CY–A257,                    social and economic effects to the extent
     identified by EB Docket No. 17–245, by                  Washington, DC 20554. It is available on              practicable.
     any of the following methods:                           the Commission’s Web site at https://                 DATES: Written comments on
        • Federal Communications                             apps.fcc.gov/edocs_public/.                           Amendment 41 must be received by
     Commission’s Web site: http://                            This document contains proposed                     November 27, 2017.
     apps.fcc.gov/ecfs/. Follow the                          modified information collection                       ADDRESSES: You may submit comments
     instructions for submitting comments.                   requirements. The Commission, as part                 on Amendment 41, identified by
        • Mail: Parties who choose to file by                of its continuing effort to reduce                    ‘‘NOAA–NMFS–2017–0103,’’ by either
     paper must file an original and one copy                paperwork burdens, invites the general                of the following methods:
     of each filing. Filings can be sent by                  public and the Office of Management                      • Electronic submission: Submit all
     hand or messenger delivery, by                          and Budget (OMB) to comment on the                    electronic comments via the Federal
     commercial overnight courier, or by                     information collection requirements                   e-Rulemaking Portal. Go to
     first-class or overnight U.S. Postal                    contained in this document, as required               www.regulations.gov/#!docketDetail;D=
     Service mail. All filings must be                       by the Paperwork Reduction Act of                     NOAA-NMFS-2017-0103, click the
     addressed to the Commission’s                           1995, Public Law 104–13. In addition,                 ‘‘Comment Now!’’ icon, complete the
     Secretary, Office of the Secretary,                     pursuant to the Small Business                        required fields, and enter or attach your
     Federal Communications Commission.                      Paperwork Relief Act of 2002, Public                  comments.
     All hand-delivered or messenger-                        Law 107–198, we seek specific comment                    • Mail: Submit written comments to
     delivered paper filings for the                         on how we might further reduce the                    Mary Vara, NMFS Southeast Regional
     Commission’s Secretary must be                          information collection burden for small               Office, 263 13th Avenue South, St.
     delivered to FCC Headquarters at 445                    business concerns with fewer than 25                  Petersburg, FL 33701.
     12th St. SW., Room TW–A325,                             employees.                                               Instructions: Comments sent by any
     Washington, DC 20554. The filing hours                  Federal Communications Commission.                    other method, to any other address or
     are 8:00 a.m. to 7:00 p.m. All hand                     Marlene H. Dortch,                                    individual, or received after the end of
     deliveries must be held together with                                                                         the comment period, may not be
                                                             Secretary.
     rubber bands or fasteners. Any                                                                                considered by NMFS. All comments
                                                             [FR Doc. 2017–20586 Filed 9–25–17; 8:45 am]
     envelopes and boxes must be disposed                                                                          received are a part of the public record
     of before entering the building.                        BILLING CODE 6712–01–P
                                                                                                                   and will generally be posted for public
     Commercial overnight mail (other than                                                                         viewing on www.regulations.gov
     U.S. Postal Service Express Mail and                                                                          without change. All personal identifying
     Priority Mail) must be sent to 9300 East                DEPARTMENT OF COMMERCE                                information (e.g., name, address, etc.),
     Hampton Drive, Capitol Heights, MD                                                                            confidential business information, or
     20743. U.S. Postal Service first-class,                 National Oceanic and Atmospheric
                                                                                                                   otherwise sensitive information
     Express, and Priority mail must be                      Administration
                                                                                                                   submitted voluntarily by the sender will
     addressed to 445 12th Street SW.,                                                                             be publicly accessible. NMFS will
     Washington DC 20554.                                    50 CFR Part 622
                                                                                                                   accept anonymous comments (enter
        • People with Disabilities: To request               RIN 0648–BG77                                         ‘‘N/A’’ in required fields if you wish to
     materials in accessible formats for                                                                           remain anonymous).
     people with disabilities (braille, large                Fisheries of the Caribbean, Gulf of                      Electronic copies of Amendment 41
     print, electronic files, audio format),                 Mexico, and South Atlantic; Snapper-                  may be obtained from
     send an email to fcc504@fcc.gov or call                 Grouper Fishery of the South Atlantic                 www.regulations.gov or the Southeast
     the Consumer & Governmental Affairs                     Region; Amendment 41                                  Regional Office Web site at http://
     Bureau at 202–418–0530 (voice), 202–                                                                          sero.nmfs.noaa.gov. Amendment 41
                                                             AGENCY:  National Marine Fisheries
     418–0432 (tty).                                                                                               includes an environmental assessment,
                                                             Service (NMFS), National Oceanic and
        In addition to filing comments with                                                                        regulatory impact review, Regulatory
                                                             Atmospheric Administration (NOAA),
     the Secretary, a copy of any comments                                                                         Flexibility Act analysis, and fishery
                                                             Commerce.
     on the Paperwork Reduction Act                                                                                impact statement.
     information collection requirements                     ACTION: Notice of availability; request
                                                                                                                   FOR FURTHER INFORMATION CONTACT:
     contained herein should be submitted to                 for comments.
                                                                                                                   Mary Vara, NMFS Southeast Regional
     the Federal Communications                              SUMMARY:   The South Atlantic Fishery                 Office, telephone: 727–824–5305, or
     Commission via email to PRA@fcc.gov.                    Management Council (South Atlantic                    email: mary.vara@noaa.gov.
     FOR FURTHER INFORMATION CONTACT:                        Council) has submitted Amendment 41                   SUPPLEMENTARY INFORMATION: The
     Enforcement Bureau, Market Disputes                     to the Fishery Management Plan (FMP)                  Magnuson-Stevens Fishery
     Resolution Division, at (202) 418–7330.                 for the Snapper-Grouper Fishery of the                Conservation and Management Act
     For additional information concerning                   South Atlantic Region (Snapper-                       (Magnuson-Stevens Act) requires each
     the Paperwork Reduction Act                             Grouper FMP) for review, approval, and                regional fishery management council to
     information collection requirements                     implementation by NMFS. Amendment                     submit FMPs or amendments to NMFS
     contained in this document, send an                     41 would revise management reference                  for review and approval, partial
     email to PRA@fcc.gov.                                   points, annual catch limits (ACLs),                   approval, or disapproval. The
     SUPPLEMENTARY INFORMATION: This is a                    optimum yield (OY), and management                    Magnuson-Stevens Act also requires
     summary of the Commission’s Notice of                   measures for mutton snapper in the                    that NMFS, upon receiving an FMP or
     Proposed Rulemaking (NPRM) in EB                        South Atlantic based on the results of                amendment, publish an announcement
     Docket No. 17–245, adopted September                    the most recent stock assessment. The                 in the Federal Register notifying the
     13, 2017 and released September 18,                     purpose of Amendment 41 is to ensure                  public that the FMP or amendment is
     2017. The full text of this document is                 that mutton snapper is managed based                  available for review and comment.
     available for public inspection during                  on the best scientific information                       Amendment 41 to the Snapper-
     regular business hours in the FCC                       available to achieve OY and to prevent                Grouper FMP was prepared by the
     Reference Information Center, Portals II,               overfishing, while minimizing adverse                 South Atlantic Council and, if


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Document Created: 2017-09-26 02:49:00
Document Modified: 2017-09-26 02:49:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesInterested persons are invited to submit comments on or before October 26, 2017. Reply comments are due on or before November 13, 2017.
ContactEnforcement Bureau, Market Disputes Resolution Division, at (202) 418-7330. For additional information concerning the Paperwork Reduction Act information collection requirements contained in this document, send an email to [email protected]
FR Citation82 FR 44755 

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