REPORTS TO BE FILED WITH THE COMMISSION 1.981 Reports, annual and semiannual. Subpart G-Schedule of Statutory Charges and Procedures for Payment 1.1101 Authority. 1.1102 Schedule of charges for private radio services. 1.1103 Schedule of charges for equipment authorization, experimental radio services, international telecommunications settlements, radio operator examinations, and ship inspections. 1.1104 Schedule of charges for mass media services. 1.1105 Schedule of charges for common carrier services. 1.1106 Attachment of charges. 1.1107 Payment of charges. 1.1108 Form of payment. 1.1109 Filing locations. 1.1110 Conditionality of Commission or staff authorizations. 1.1111 Return or refund of charges. 1.1112 General exemptions to charges. 1.1113 Adjustments to charges. 1.1114 Penalty for late or insufficient pay ments. 1.1115 Waivers or deferrals. 1.1116 Error claims. 1.1117 Billing procedures. Subpart H-Ex Parte Communications GENERAL 1.1200 Introduction. 1.1202 Definitions. SUNSHINE PERIOD PROHIBITION 1.1203 Sunshine period prohibition. GENERAL EXEMPTIONS 1.1204 General exemptions. NON-RESTRICTED PROCEEDINGS 1.1206 Non-restricted proceedings; ex parte presentations generally permissible but subject to disclosure. RESTRICTED PROCEEDINGS 1.1208 Restricted proceedings. PROHIBITION ON SOLICITATION OF 1.1216 Sanctions. SANCTIONS Subpart I-Procedures Implementing the National Environmental Policy Act of 1969 1.1301 Basis and purpose. 1.1302 Cross-reference; Regulations of the Council on Environmental Quality. 1.1303 Scope. 1.1304 Information and assistance. 1.1305 Actions which normally will have a significant impact upon the environment, for which Environmental Impact Statements must be prepared. 1.1306 Actions which are categorically excluded from environmental processing. 1.1307 Actions which may have a significant environmental effect, for which environmental assessments (EAS) must be prepared. 1.1308 Consideration of environmental assessments (EAs); findings of no significant impact. 1.1309 Application amendments. 1.1311 Environmental information to be inIcluded in the environmental assessment (EA). 1.1210 Prohibition on solicitation of presen 1.1411 Meetings and hearings. tations. 1.1412 formulation or amendment of its rules and regulations. For such purposes it may subpena witnesses and require the production of evidence. Procedures to be followed by the Commission shall, unless specifically prescribed in this part, be such as in the opinion of the Commission will best serve the purposes of such proceedings. (Sec. 403, 48 Stat. 1094; 47 U.S.C. 403) §1.2 Declaratory rulings. The Commission may, in accordance with section 5(d) of the Administrative Procedure Act, on motion or on its own motion issue a declaratory ruling terminating a controversy or removing uncertainty. (5 U.S.C. 554) §1.3 Suspension, amendment, or waiver of rules. The provisions of this chapter may be suspended, revoked, amended, or waived for good cause shown, in whole or in part, at any time by the Commission, subject to the provisions of the Administrative Procedure Act and the provisions of this chapter. Any provision of the rules may be waived by the Commission on its own motion or on petition if good cause therefor is shown. CROSS REFERENCE: See Subpart C of this part for practice and procedure involving rulemaking. §1.4 Computation of time. (a) Purpose. The purpose of this rule section is to detail the method for computing the amount of time within which persons or entities must act in response to deadlines established by the Commission. It also applies to computation of time for seeking both reconsideration and judicial review of Commission decisions. (b) General Rule Computation of Beginning Date When Action is Initiated by Commission or Staff. Unless otherwise provided, the first day to be counted when a period of time begins with an action taken by the Commission, Review Board, an Administrative Law Judge or by members of the Commission or its staff pursuant to delegated authority is the day after the day on which public notice of that action is given. See §1.4(b) (1)–(5) of this section. Unless otherwise provided, all Rules measuring time from the date of the issuance of a Commission document entitled "Public Notice" shall be calculated in accordance with this section. See §1.4(b)(4) of this section for a description of the "Public Notice" document. Unless otherwise provided in §1.4 (g) and (h) of this section, it is immaterial whether the first day is a "holiday." For purposes of this section, the term "public notice" means the date of any of the following events: See §1.4(e)(1) of this section for definition of "holiday." (1) For documents in notice and comment rule making proceedings, including summaries thereof, the date of publication in the FEDERAL REGISTER. Example 1: A document in a Commission rule making proceeding is published in the FEDERAL REGISTER on Wednesday, May 6, 1987. Public notice commences on Wednesday, May 6, 1987. The first day to be counted in computing the beginning date of a period of time for action in response to the document is Thursday, May 7, 1987, the "day after the day" of public notice. Example 2: Section 1.429(e) provides that when a petition for reconsideration is timely filed in proper form, public notice of its filing is published in the FEDERAL REGISTER. Section 1.429(f) provides that oppositions to a petition for reconsideration shall be filed within 15 days after public notice of the petition's filing in the FEDERAL REGISTER. Public notice of the filing of a petition for reconsideration is published in the FEDERAL REGISTER on Wednesday, June 10, 1987. For purposes of computing the filing period for an opposition, the first day to be counted is Thursday, June 11, 1987, which is the day after the date of public notice. Therefore, oppositions to the reconsideration petition must be filed by Thursday, June 25, 1987, 15 days later. (2) For non-rulemaking documents released by the Commission or staff, whether or not published in the FEDERAL REGISTER, the release date. A document is "released" by making the full text available to the press and public in the Commission's Office of Public Affairs. The release date appears on the face of the document. Example 3: The Chief, Mass Media Bureau, adopts an order on Thursday, April 2, 1987. The text of that order is not released to the public until Friday, April 3, 1987. Public notice of this decision is given on Friday, April 3, 1987. Saturday, April 4, 1987, is the first day to be counted in computing filing periods. (3) For rule makings of particular applicability, if the rule making document is to be published in the FEDERAL REGISTER and the Commission so states in its decision, the date of public notice will commence on the day of the FEDERAL REGISTER publication date. If the decision fails to specify FEDERAL REGISTER publication, the date of public notice will commence on the release date, even if the document is subsequently published in the FEDERAL REGISTER. See Declaratory Ruling, 51 FR 23059 (June 25, 1986). Example 4: An order establishing an investigation of a tariff, and designating issues to be resolved in the investigation, is released on Wednesday, April 1, 1987, and is published in the FEDERAL REGISTER on Friday, April 10, 1987. If the decision itself specifies FEDERAL REGISTER publication, the date of public notice is Friday, April 10, 1987. If this decision does not specify FEDERAL REGISTER publication, public notice occurs on Wednesday, April 1, 1987, and the first day to be counted in computing filing periods is Thursday, April 2, 1987. (4) If the full text of an action document is not to be released by the Commission, but a descriptive document entitled "Public Notice" describing the action is released, the date on which the descriptive "Public Notice" is released. Example 5: At a public meeting the Commission considers an uncontested application to transfer control of a broadcast station. The Commission grants the application and does not plan to issue a full text of its decision on the uncontested matter. Five days after the meeting, a descriptive "Public Notice" announcing the action is publicly released. The date of public notice commences on the day of the release date. Example 6: A Public Notice of petitions for rule making filed with the Commission is released on Wednesday, September 2, 1987; public notice of these petitions is given on September 2, 1987. The first day to be counted in computing filing times is Thursday, September 3, 1987. (5) If a document is neither published in the FEDERAL REGISTER nor released, and if a descriptive document entitled "Public Notice" is not released, the date appearing on the document sent (e.g., mailed, telegraphed, etc.) to persons affected by the action. Example 7: A Bureau grants a license to an applicant, or issues a waiver for non-conforming operation to an existing licensee, and no "Public Notice" announcing the action is released. The date of public notice commences on the day appearing on the license mailed to the applicant or appearing on the face of the letter granting the waiver mailed to the licensee. (c) General Rule Computation of Beginning Date When Action is Initiated by Act, Event or Default. Commission procedures frequently require the computation of a period of time where the period begins with the occurrence of an act, event or default and terminates a specific number of days thereafter. Unless otherwise provided, the first day to be counted when a period of time begins with the occurrence of an act, event or default is the day after the day on which the act, event or default occurs. Example 8: Commission Rule §21.39(d) requires the filing of an application requesting consent to involuntary assignment or control of the permit or license within thirty days after the occurrence of the death or legal disability of the licensee or permittee. If a licensee passes away on Sunday, March 1, 1987, the first day to be counted pursuant to $1.4(c) is the day after the act or event. Therefore, Monday, March 2, 1987, is the first day of the thirty day period specified in § 21.39(d). (d) General Rule Computation of Terminal Date. Unless otherwise provided, when computing a period of time the last day of such period of time is included in the computation, and any action required must be taken on or before that day. Example 9: Paragraph 1.4(b)(1) of this section provides that "public notice" in a notice and comment rule making proceeding begins on the day of FEDERAL REGISTER publication. Paragraph 1.4(b) of this section provides that the first day to be counted in computing a terminal date is the "day after the day" on which public notice occurs. Therefore, if the commission allows or requires an action to be taken 20 days after public notice in the FEDERAL REGISTER, the first day to be counted is the day after the date of the FEDERAL REGISTER publication. Accordingly, if the FEDERAL REGISTER document is published on Thursday, July 23, 1987, public notice is given on Thursday, July 23, and the first day to be counted in computing a 20 day period is Friday, July 24, 1987. The 20th day or terminal date upon which action must be taken is Wednesday, August 12, 1987. (e) Definitions for purposes of this section: (1) The term holiday means Saturday, Sunday, officially recognized federal legal holidays and any other day on which the Commission's offices are closed and not reopened prior to 5:30 p.m. For example, a regularly scheduled Commission business day may become a holiday if its offices are closed prior to 5:30 p.m. due to adverse weather, emergency or other closing. NOTE: As of August 1987, officially recognized federal legal holidays are New Year's Day, January 1; Martin Luther King's Birthday, third Monday in January; Washington's Birthday, third Monday in February; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Columbus Day, second Monday in October; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25. If a legal holiday falls on Saturday or Sunday, the holiday is taken, respectively, on the preceding Friday or the following Monday. In addition, January 20, (Inauguration Day) following a Presidential election year is a legal holiday in the metropolitan Washington, DC area. If Inauguration Day falls on Sunday, the next succeeding day is a legal holiday. See 5 U.S.C. 6103; Executive Order No. 11582, 36 FR 2957 (Feb. 11, 1971). The determination of a holiday will apply only to the specific Commission location(s) designated as on holiday on that particular day. (2) The term business day means all days, including days when the Commission opens later than the time specified in Rule §0.403, which are not holidays as defined above. (3) The term filing period means the number of days allowed or prescribed by statute, rule, order, notice or other Commission action for filing any document with the Commission. It does not include any additional days allowed for filing any document pursuant to paragraphs (g), (h) and (j) of this section. (4) The term filing date means the date upon which a document must be filed after all computations of time authorized by this section have been made. (f) Except as provided in §0.401(b) of the Rules, all petitions, pleadings, tariffs or other documents not required to be accompanied by a fee and which are 341-180 0-93- 4 |