Practice and procedure: Electronic filing of documents in rulemaking proceedings,

[Federal Register: October 21, 1998 (Volume 63, Number 203)]

[Rules and Regulations]

[Page 56090-56091]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr21oc98-8]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[GC Docket No. 97-113; FCC 98-254]

Electronic Filing of Documents in Rulemaking Proceedings

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for reconsideration.

SUMMARY: On reconsideration, the Commission is deleting from the Electronic Filing of Documents in Rulemaking Proceedings the requirement that comments filedelectronically over the Internet include the telephone number of the commenting party. This ruling will allow individuals to file comments electronically without revealing their telephone numbers and will encourage the use of electronic filing.

EFFECTIVE DATE: October 21, 1998.

FOR FURTHER INFORMATION CONTACT: Laurence H. Schecker, Office of General Counsel, 202-418-1720.

SUPPLEMENTARY INFORMATION:

1. The Commission has under its consideration a petition for reconsideration of its Report and Order in Electronic Filing of Documents in Rulemaking Proceedings, 13 FCC Rcd 11322, 63 FR 24121 (1998) (ECFS Order), which adopted rules permitting the electronic filing of comments in rulemaking proceedings. Petitioner David B. Popkin requests that we eliminate the requirement that individuals filing comments electronically via the Internet include their telephone number on the comments. Mr. Popkin believes individuals, including amateur radio operators, may wish to keep their telephone number which may be unlisted) non-public. For the reasons discussed, the petition is granted.

2. As Mr. Popkin correctly observes, a commenter's telephone number is not required on non-electronically filedcomments in rulemaking proceedings. Thus, parties filing comments in rulemaking proceedings that wish to keep their telephone number private can always file comments on paper rather than electronically. However, we do not want to interpose any barriers to anyone filing comments in rulemaking proceedings electronically, and wish to encourage use of the ECFS. On reconsideration, we will delete the requirement in section 1.419(e), 47 CFR 1.419(e), that telephone numbers be provided on all electronically- filedcomments in rulemaking proceedings. The telephone number instead will be optional on the ECFS interface and the e-mail template, neither of which is made part of the public record. We note that our action here applies to the filing of comments in rulemaking proceedings only, as telephone numbers may be required in other regulatory contexts.

3. We further note that section 1.419(e) also requires electronic comment filers to provide their ``street address.'' We will take this opportunity to change this requirement to ``mailing address'' to accommodate those filers that use post office boxes rather than street addresses. We also will insert the phrase ``and other documents'' in section 1.419(e), consistent with other paragraphs of section 1.419.

4. In the ECFS Order, we certified that the rules ``will not have a significant economic impact on a substantial number of small entities.'' 5 U.S.C. 605(b). We supplement that certification to include the amendment of section 1.419(e) adopted here. The changes to section 1.419(e) relieve burdens on electronic filers or simply clarify the language of the rule, and therefore will not have a significant economic impact on a substantial number of small entities.

5. Accordingly, it is ordered that the Petition for Reconsideration is granted.

   [[Page 56091]]

6. It is further ordered that pursuant to sections 4(i), 4(j), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 303(r), Part 1 of the Commission's Rules is AMENDED as set forth in the Rule Changes, effective upon publication in the Federal Register. These rule changes are procedural rules and relieve restrictions on electronic comment filers. We therefore find that the rule amendments should be made effective upon publication. See 5 U.S.C. 553(d)(1).

   List of Subjects in 47 CFR Part 1

   Administrative practice and procedure.

   Federal Communications Commission. Magalie Roman Salas, Secretary.

   Rule Changes

   Part 1 of Title 47 of the Code of Federal Regulations is amended as follows:

   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 1.419 is amended by revising paragraph (e) to read as follows:

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

   * * * * *

   (e) Comments and replies and other documents filedin electronic form by a party represented by an attorney shall include the name and mailing address of at least one attorney of record. Parties not represented by an attorney that file comments and replies and other documents in electronic form shall provide their name and mailing address.

   [FR Doc. 98-27885Filed10-20-98; 8:45 am]

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