83_FR_53625 83 FR 53420 - Pleading Cycle Established for Petitions for Reconsideration of the Performance Measures Order

83 FR 53420 - Pleading Cycle Established for Petitions for Reconsideration of the Performance Measures Order

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 205 (October 23, 2018)

Page Range53420-53421
FR Document2018-23081

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

Federal Register, Volume 83 Issue 205 (Tuesday, October 23, 2018) 
[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Proposed Rules]
[Pages 53420-53421]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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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: http://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 http://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: http://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

53420 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Proposed Rules (b) Decision after Preliminary Inquiry. (6) The hearing shall be appropriately the Executive Director, Army National If, after conducting the preliminary recorded. Upon request, a copy of the Military Cemeteries. inquiry described in paragraph (a) of record shall be provided to the personal Karen L. Durham-Aguilera, this section, the Army General Counsel representative. Executive Director. or designee determines that credible (f) Final Determination. After evidence exists suggesting the decedent [FR Doc. 2018–22968 Filed 10–22–18; 8:45 am] considering the hearing officer’s report, BILLING CODE 5001–03–P may have committed a Federal capital the opinion of the Army General crime or State capital crime, then Counsel or his or her designee, and any further proceedings under this section additional information submitted by the FEDERAL COMMUNICATIONS are warranted to determine whether the personal representative, the Secretary of COMMISSION decedent committed such crime. Consequently the Army General the Army or his or her designee shall Counsel or his or her designee shall determine the decedent’s eligibility for 47 CFR Part 54 present the personal representative with interment, inurnment, or [WC Docket No. 10–90; DA 18–1013] a written notification of such memorialization. This determination is preliminary determination and a dated, final and not appealable. Pleading Cycle Established for written notice of the personal (1) The determination shall be based Petitions for Reconsideration of the representative’s procedural options. on evidence that supports or Performance Measures Order (c) Notice and Procedural Options. undermines a conclusion that the AGENCY: Federal Communications The notice of procedural options shall decedent’s actions satisfied the elements Commission. indicate that, within fifteen days, the of the crime as established by the law ACTION: Notice; request for comments. personal representative may: of the jurisdiction in which the (1) Request a hearing; decedent would have been prosecuted. SUMMARY: In this document, the (2) Withdraw the request for Wireline Competition Bureau (2) If an affirmative defense is offered interment, inurnment, or establishes a pleading cycle for Petitions by the decedent’s personal memorialization; or for Reconsideration of the Performance representative, a determination as to Measures Order. (3) Do nothing, in which case the whether the defense was met shall be request for interment, inurnment, or DATES: Oppositions due November 7, memorialization will be considered to made according to the law of the 2018 and replies due November 19, have been withdrawn. jurisdiction in which the decedent 2018. (d) Time computation. The fifteen-day would have been prosecuted. ADDRESSES: All pleadings are to time period begins on the calendar day (3) Mitigating evidence shall not be reference WC Docket No. 10–90. immediately following the earlier of the considered. Oppositions and replies may be filed day the notice of procedural options is (4) The opinion of the local, State, or using the Commission’s Electronic delivered in person to the personal Federal prosecutor as to whether he or Comment Filing System (ECFS), or by representative or is sent by U.S. she would have brought charges against filing paper copies: registered mail or, if available, by the decedent had the decedent been • Electronic Filers: Oppositions and electronic means to the personal available is relevant but not binding and replies may be filed electronically using representative. It ends at midnight on shall be given no more weight than the internet by accessing the ECFS: the fifteenth day. The period includes other facts presented. http://apps.fcc.gov/ecfs/. weekends and holidays. • Paper Filers: Parties who choose to (e) Hearing. The purpose of the (g) Notice of Decision. The Executive file by paper must file an original and hearing is to allow the personal Director shall provide written one copy of each filing. Filings can be representative to present additional notification of the Secretary’s decision sent by hand or messenger delivery, by information regarding whether the to the personal representative. commercial overnight courier, or by decedent committed a Federal capital first-class or overnight U.S. Postal § 553.49 Exceptions to policies for crime or a State capital crime. In lieu of interment or inurnment at Army Post Service mail. All filings must be making a personal appearance at the Cemeteries. addressed to the Commission’s hearing, the personal representative may Secretary, Office of the Secretary, submit relevant documents for (a) Requests for exceptions to policy Federal Communications Commission. consideration. will be made by the Executive Director, • People with Disabilities: To request (1) If a hearing is requested, the Army Army National Military Cemeteries. materials in accessible formats for General Counsel or his or her designee (b) Eligibility standards for interment people with disabilities (Braille, large shall conduct the hearing. and inurnment are based on honorable print, electronic files, audio format), (2) The hearing shall be conducted in military service. Exceptions to the send an email to fcc504@fcc.gov or call an informal manner. eligibility standards are rarely granted. the Consumer & Governmental Affairs (3) The rules of evidence shall not When granted, exceptions are for those Bureau at (202) 418–0530 (voice), (202) apply. persons who have made significant 418–0432 (TTY). (4) The personal representative and For detailed instructions for contributions that directly and witnesses may appear, at no expense to submitting oppositions or replies see the substantially benefited the U.S. military. khammond on DSK30JT082PROD with PROPOSAL the Government, and shall, at the SUPPLEMENTARY INFORMATION section of discretion of the hearing officer, testify (c) Requests for an exception to the this document. under oath. Oaths must be administered interment or inurnment eligibility FOR FURTHER INFORMATION CONTACT: by a person who possesses the legal policies shall be considered only after Stephen Wang, Wireline Competition authority to administer oaths. the individual’s death. Bureau, (202) 418–7400 or TTY: (202) (5) The Army General Counsel or (d) Procedures for submitting requests 418–0484. designee shall consider any and all for exceptions to policy for interment SUPPLEMENTARY INFORMATION: This is a relevant information obtained. and inurnment will be established by summary of the Commission’s VerDate Sep<11>2014 17:09 Oct 22, 2018 Jkt 247001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\23OCP1.SGM 23OCP1

Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Proposed Rules 53421 document, WC Docket No. 10–90; DA Commission’s Secretary must be Federal Communications Commission. 18–1013, released on October 2, 2018. delivered to FCC Headquarters at 445 Ryan Palmer, The full text of this document is 12th St. SW, Room TW–A325, Chief, Telecommunications Access Policy available for inspection and copying Washington, DC 20554. The filing hours Division, Wireline Competition Bureau. during normal business hours in the are 8:00 a.m. to 7:00 p.m. All hand [FR Doc. 2018–23081 Filed 10–22–18; 8:45 am] FCC’s Reference Information Center at deliveries must be held together with BILLING CODE 6712–01–P Portals II, CY–A257, 445 12th Street rubber bands or fasteners. Any SW, Washington, DC 20554. The full envelopes and boxes must be disposed text is also available online at http:// of before entering the building. apps.fcc.gov/ecfs/ and https:// • Commercial overnight mail (other DEPARTMENT OF DEFENSE www.fcc.gov/edocs. than U.S. Postal Service Express Mail GENERAL SERVICES and Priority Mail) must be sent to 9050 Synopsis ADMINISTRATION Junction Drive, Annapolis Junction, MD 1. On July 6, 2018, the Wireline 20701. Competition Bureau, the Wireless • U.S. Postal Service first-class, NATIONAL AERONAUTICS AND Telecommunications Bureau, and the Express, and Priority mail must be SPACE ADMINISTRATION Office of Engineering and Technology addressed to 445 12th Street SW, adopted the Performance Measures Washington DC 20554. 48 CFR Parts 13, 15, and 16 Order. For recipients of high-cost 4. This proceeding shall continue to [FAR Case 2017–010; Docket No. 2017– universal service support to serve fixed be treated as a ‘‘permit-but-disclose’’ 0010; Sequence No. 1] locations, that Order established a proceeding in accordance with the framework for measuring speed and Commission’s ex parte rules. Persons RIN 9000–AN54 latency performance, determining a making ex parte presentations must file recipient’s compliance with its speed a copy of any written presentation or a Federal Acquisition Regulation: and latency obligations, and providing memorandum summarizing any oral Evaluation Factors for Multiple-Award incentives for recipients to meet those presentation within two business days Contracts; Correction obligations. after the presentation (unless a different AGENCY: Department of Defense (DoD), 2. On September 19, 2018, Hughes deadline applicable to the Sunshine General Services Administration (GSA), Network Systems, LLC, Micronesian period applies). Persons making oral ex and National Aeronautics and Space Telecommunications Corporation, and parte presentations are reminded that Administration (NASA). Viasat, Inc. each filed petitions for memoranda summarizing the ACTION: Proposed rule; correction. reconsideration of the Order. presentation must (1) list all persons Additionally, USTelecom—The attending or otherwise participating in SUMMARY: On September 24, 2018, DoD, Broadband Association, ITTA—The the meeting at which the ex parte GSA, and NASA published a document Voice of America’s Broadband presentation was made, and (2) proposing to amend the Federal Providers, and the Wireless internet summarize all data presented and Acquisition Regulation (FAR) to Service Providers Association jointly arguments made during the implement a section of the National filed a petition for reconsideration, presentation. If the presentation Defense Authorization Act (NDAA) for while NTCA—The Rural Broadband consisted in whole or in part of the Fiscal Year (FY) 2017. The document Association and WTA—Advocates for presentation of data or arguments heading carried an incorrect docket Rural Broadband filed applications for already reflected in the presenter’s number. This document carries the review. written comments, memoranda or other correct docket number. 3. Pursuant to the Commission’s rules, filings in the proceeding, the presenter may provide citations to such data or DATES: Comments for the proposed rule oppositions to the petitions for reconsideration must be filed no later arguments in his or her prior comments, published September 24, 2018, at 83 FR than November 7, 2018 and replies to memoranda, or other filings (specifying 48271, continue to be accepted on or oppositions must be filed no later than the relevant page and/or paragraph before November 23, 2018, to be November 19, 2018. Oppositions and numbers where such data or arguments considered in the formulation of a final replies may be filed using the can be found) in lieu of summarizing rule. Commission’s Electronic Comment them in the memorandum. Documents ADDRESSES: Submit comments in Filing System (ECFS). See Electronic shown or given to Commission staff response to FAR Case 2017–010 by any Filing of Documents in Rulemaking during ex parte meetings are deemed to of the following methods: Proceedings, 63 FR 24121 (1998). be written ex parte presentations and • Regulations.gov: http:// • Electronic Filers: Comments may be must be filed consistent with rule www.regulations.gov. Submit comments filed electronically using the internet by § 1.1206(b). In proceedings governed by via the Federal eRulemaking portal by accessing the ECFS: http://apps.fcc.gov/ rule § 1.49(f) or for which the entering ‘‘FAR Case 2017–010’’ under ecfs/. Commission has made available a the heading ‘‘Enter Keyword or ID’’ and • Paper Filers: Parties who choose to method of electronic filing, written ex selecting ‘‘Search’’. Select the link file by paper must file an original and parte presentations and memoranda ‘‘Comment Now’’ that corresponds with one copy of each filing. Filings can be summarizing oral ex parte ‘‘FAR Case 2017–010’’. Follow the sent by hand or messenger delivery, by presentations, and all attachments instructions provided on the screen. khammond on DSK30JT082PROD with PROPOSAL commercial overnight courier, or by thereto, must be filed through the Please include your name, company first-class or overnight U.S. Postal electronic comment filing system name (if any), and ‘‘FAR Case 2017– Service mail. All filings must be available for that proceeding, and must 010’’ on your attached document. addressed to the Commission’s be filed in their native format (e.g., .doc, • Mail: General Services Secretary, Office of the Secretary, .xml, .ppt, searchable .pdf). Participants Administration, Regulatory Secretariat Federal Communications Commission. in this proceeding should familiarize Division, ATTN: Lois Mandell, 1800 F • All hand-delivered or messenger- themselves with the Commission’s ex Street NW, 2nd floor, Washington, DC delivered paper filings for the parte rules. 20405. VerDate Sep<11>2014 17:09 Oct 22, 2018 Jkt 247001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\23OCP1.SGM 23OCP1


Document Created: 2018-10-23 04:15:01
Document Modified: 2018-10-23 04:15:01
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; request for comments.
DatesOppositions due November 7, 2018 and replies due November 19, 2018.
ContactStephen Wang, Wireline Competition Bureau, (202) 418-7400 or TTY: (202) 418-0484.
FR Citation83 FR 53420 
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