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DA 11-967
Adopted: May 27, 2011
Released: May 31, 2011
ELECTRONIC FILING OF SECTION 208 AND SECTION 224 FORMAL COMPLAINTS
On February 4, 2011, the Commission released a Report and Order revising
Part 1 and Part 0 of its rules. Among those revisions are new regulations
requiring the docketing and electronic filing of all newly filed section
208 formal complaints and newly filed section 224 pole attachment
complaints. During the transition to a comprehensive docketing regime, the
Part 1 Order permits Bureaus not to assign a formal docket number to
certain proceedings if, in the considered judgment of staff, it would not
be in the public interest to do so. Similarly, the Part 1 Order states
that, during the transition to a comprehensive electronic filing regime,
Bureaus may permit paper filings, if doing so would be in the public
interest.
In accordance with the Part 1 Order, the Enforcement Bureau will be
migrating newly filed section 208 formal complaints and newly filed
section 224 pole attachment complaints to a formal docketing system and
will be utilizing the Commission's Electronic Comment Filing System
("ECFS") in connection with those complaints. However, prior to doing so,
the Commission's formal complaint rules and pole attachment rules must be
modified in certain respects to facilitate the docketing and electronic
filing changes. Accordingly, until such time as the revised complaint
filing rules are adopted and effective, the Enforcement Bureau deems it to
be in the public interest to defer the implementation of the docketing and
electronic filing requirements for newly filed section 208 formal
complaints and section 224 pole attachment complaints.
For further information, contact the Enforcement Bureau at 202-418-7330.
Amendment of Certain of the Commission's Part 1 Rules of Practice and
Procedure and Part 0 Rules of Commission Organization, FCC 11-16, Report
and Order, 26 FCC Rcd 1594 (2011) ("Part 1 Order").
Id. at P: P: 10, 15.
Id. at P: 10.
Id. at P: 15.
47 C.F.R. S:S: 1.720-1.736.
47 C.F.R. S:S: 1.1401-1.1418.
Note that these new rules do not affect existing section 208 formal
complaints or existing section 224 pole attachment complaints. They also
do not concern carrier-to-carrier informal complaints. See Id. at Appendix
A, (listing new rule S:1.49(f)(1)(i) that requires "[f]ormal complaint
proceedings under Section 208 . . . " to be filed electronically and
excluding informal complaints from that rule).
PUBLIC NOTICE
Federal Communications Commission
445 12th St., S.W.
Washington, D.C. 20554
News Media Information 202 / 418-0500
Internet: http://www.fcc.gov
TTY: 1-888-835-5322