FCC and e-filing

From: Larry Goldberg (Larry_Goldberg@wgbh.org)
Date: Sat Apr 12 1997 - 23:33:12 PDT


FYI - comments should be sent in to the FCC regarding the proposal below and
electronic file formats and accessibility of the Web site that will accept
comments and replies.

- Larry

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From: The Federal Communications Commission at www.fcc.gov

COMMISSION PROPOSES ELECTRONIC FILING FOR COMMENTS IN FCC RULEMAKING
PROCEEDINGS (GC DOCKET NO. 97-113)

4/3/97-- The Commission today proposed to allow electronic comments to be
filed in FCC rulemaking proceedings, using the World Wide Web and
electronic mail. The Commission made this proposal to make it easier for
the public to file comments and to access comments filed by others. Under
this proposal, parties would still have the option of filing comments on
paper.

In making this proposal, the Commission noted that an estimated 40 million
people in the United States now have access to the Internet. Allowing
parties to use the Internet and other forms of electronic transmission to
file comments in FCC proceedings would make it simpler for people to submit
comments to the Commission and allow comments to be made available for
review on-line in an efficient manner.

Several provisions of the Commission's current rules require comments,
replies and other documents to be filed on paper. The Commission
tentatively concluded that these rules should be modified so that
electronically filed comments will receive the same treatment and
consideration as comments filed on paper. The Commission seeks comment on
this conclusion and on any other rule changes needed to facilitate
electronic filing. The Commission also seeks comment on whether these
electronic filing procedures should apply to comments or pleadings
concerning preliminary steps such as petitions for rulemaking, notice of
inquiry proceedings, petitions for reconsideration and responsive comments
or pleadings filed in notice and comment rulemakings other than broadcast
allotment proceedings.

The Commission said it proposed to limit electronically filed documents to
rulemaking proceedings, other than broadcast allotments, at this time.
Before expanding the scope of the electronic filing option, the agency will
need more experience with the new system.

Current rules require the filing of multiple copies of formal comments to
the Secretary, with separate copies submitted to the FCC copy contractor.
The Commission tentatively concluded that if comments are filed
electronically, parties need only to submit one electronic copy, which
could automatically be distributed to the appropriate Bureaus and Offices,
as well as the copy contractor, in electronic form.

The Commission tentatively concluded that the primary mechanism for
electronic filing of formal comments should be a World Wide Web page form,
through which parties may upload their comments directly into a database or
input brief comments directly. The Web page would allow parties to use the
same system to search for and download comments filed in a proceeding. The
Commission encouraged comments on the feasibility and desirability of other
media, such as CD-ROMs and dial-up bulletin board systems, for submitting
electronic filings.

The Commission also sought comment on a number of procedural issues
including how the filing date and time should be established; how page
limits can be specified; which file formats should be accepted; and whether
the Commission needs any additional requirements to ensure security and
authenticity of submissions. The Commission tentatively concluded that
where service of documents is required on specific parties, such service
must be made with paper documents unless the party to be served agrees to
accept electronic service of the materials.

The Notice of Proposed Rulemaking adopted today addresses only the
Commission rule changes necessary to implement electronic filing. The
Commission intends to use Public Notices and other announcements to inform
the public of its technology decisions and specific procedures to use in
order to file comments electronically. The Commission also intends to
continue to hold open forums (which will also be carried on the Internet)
to discuss this process.

Action by the Commission April 3, 1997, by Notice of Proposed Rulemaking
(FCC 97-113). Chairman Hundt, Commissioners Quello, Ness and Chong.



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