V. Procedural Matters / VI. Ordering Clauses (41-54)

V. Procedural Matters

A. Regulatory Flexibility Act

  1. As required by the Regulatory Flexibility Act, the Commission has prepared a Final Regulatory Flexibility Analysis (“FRFA”) relating to the Second Order on Reconsideration portion of this Second Order on Reconsideration and Further Notice of Proposed Rulemaking.  The FRFA is set forth in Appendix C.  The Commission has also prepared an Initial Regulatory Flexibility Analysis (“IRFA”) of the possible significant economic impact on a substantial number of small entities of the proposals addressed in the Further Notice portion of this Second Order on Reconsideration and Further Notice of Proposed Rulemaking.  The IRFA is set forth in Appendix D.  Written public comments are requested on the IRFA.  These comments must be filed in accordance with the same filing deadlines for comments on the Further Notice, and they should have a separate and distinct heading designating them as responses to the IRFA. 

B. Paperwork Reduction Act of 1995

  1. This document does not contain proposed information collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13.  In addition, therefore, it does not contain any new or modified “information collection burden for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
  2. The Commission will send a copy of this Second Report and Order and Further Notice of Proposed Rulemaking in a report to Congress and the Government Accountability Office pursuant to the Congressional Review Act.[1]

C. Ex Parte Rules

  1. Permit-But-Disclose.  This proceeding will be treated as a “permit-but-disclose” proceeding subject to the “permit-but-disclose” requirements under Section 1.1206(b) of the Commission’s rules.[2]  Ex parte presentations are permissible if disclosed in accordance with Commission rules, except during the Sunshine Agenda period when presentations, ex parte or otherwise, are generally prohibited.  Persons making oral ex parte presentations are reminded that a memorandum summarizing a presentation must contain a summary of the substance of the presentation and not merely a listing of the subjects discussed.  More than a one- or two-sentence description of the views and arguments presented is generally required.[3]  Additional rules pertaining to oral and written presentations are set forth in section 1.1206(b).

D. Filing Requirements

  1. Comments and Replies.  Pursuant to Sections 1.415 and 1.419 of the Commission’s rules,[4] interested parties may file comments and reply 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.  Comments may be filed using:  (1) the Commission’s Electronic Comment Filing System (“ECFS”), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies.[5]
  2. Electronic Filers:  Comments may be filed electronically using the Internet by accessing the ECFS:  http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal:  http://www.regulations.gov. Filers should follow the instructions provided on the website for submitting comments.  For ECFS filers, if multiple docket or rulemaking numbers appear in the caption of this proceeding, filers must transmit one electronic copy of the comments for each docket or rulemaking number referenced in the caption.  In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number.  Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message: “get form.”  A sample form and directions will be sent in response.
  3. Paper Filers:  Parties who choose to file by paper must file an original and four copies of each filing.  If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number.  Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail).  All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission.
  • The Commission’s contractor will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC  20002.  The filing hours at this location are 8:00 a.m. to 7:00 p.m.  All hand deliveries must be held together with rubber bands or fasteners.  Any envelopes 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 should be addressed to 445 12th Street, SW, Washington DC  20554.
  1. Availability of Documents.  Comments, reply comments, and ex parte submissions will be available for public inspection during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street, S.W., CY-A257, Washington, D.C., 20554.  These documents will also be available via ECFS.  Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.
  2. Accessibility Information.  To request information in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call the FCC’s Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).  This document can also be downloaded in Word and Portable Document Format (PDF) at: http://www.fcc.gov.

VI. Ordering Clauses

  1. Accordingly, IT IS ORDERED that, pursuant to the authority contained in Sections 4(i), 303(r), 403, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), 403, and 405, this Second Order on Reconsideration and Further Notice of Proposed Rulemaking IS ADOPTED.
  2. IT IS FURTHER ORDERED that, pursuant to the authority contained in Sections 4(i), 303(r), 403, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), 403, and 405, and Section 1.429(d) and (i) of the Commission’s rules, 47 C.F.R. § 1.429(d) and (i), the petitions for reconsideration or clarification listed in Appendix B ARE GRANTED to the extent provided herein and otherwise ARE DENIED.
  3. IT IS FURTHER ORDERED that the Commission’s rules ARE AMENDED as set forth in Appendix A.  IT IS FURTHER ORDERED that the provisions of this Second Order on Reconsideration and the Commission’s rules, as amended in Appendix A, SHALL BECOME EFFECTIVE 30 days after publication in the Federal Register.
  4. IT FURTHER IS ORDERED, that, pursuant to Sections 0.201-.204 of the Commission's rules, 47 C.F.R. § 0.201-.204, and Section 5(c)(1) of the Communications Act of 1934, as amended, 47 U.S.C. § 155(c)(1), the Chief, Media Bureau, IS DELEGATED AUTHORITY to act as described in paragraphs 14, 20, and 27 herein.
  5. IT IS FURTHER ORDERED that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Second Order on Reconsideration and Further Notice of Proposed Rulemaking, including the Final Regulatory Flexibility Analysis and Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch
Secretary

[1] See 5 U.S.C. § 801(a)(1)(A).

[2] See 47 C.F.R. § 1.1206(b); see also 47 C.F.R. §§ 1.1202, 1.1203.

[3] See 47 C.F.R. § 1.1206(b)(2).

[4] See id. §§ 1.415, 1419.

[5] See Electronic Filing of Documents in Rulemaking Proceedings, 13 FCC Rcd 11322 (1998).