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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Amendment of Certain of the Commission's Part 1 Rules of
   Practice and Procedure Relating to the Filing of Formal Complaints Under
   Section 208 of the Communications Act and Pole Attachment Complaints Under
   Section 224 of the Communications Act ) ) ) ) ) ) ) ) GC Docket No. 10-44




                                     ORDER

   Adopted: November 5, 2014 Released: November 12, 2014

   By the Commission:

   I. Introduction

    1. At present, parties cannot file documents electronically with the
       Commission in certain complaint proceedings. Instead, they must file
       paper copies with the Secretary's Office. This process is
       time-consuming for the parties and makes it difficult for the public
       to track case developments. To modernize and streamline the process,
       this Order implements new filing procedures for these proceedings,
       allowing parties to utilize the Commission's Electronic Comment Filing
       System (ECFS) for their submissions. The ECFS system enables parties
       and the general public to locate filings by entering various search
       criteria. In addition, ECFS offers an RSS Feed feature, which allows
       users to be notified of any new filings associated with a given
       docket.

    2. This Order requires electronic filing through ECFS in two categories
       of cases: (a) formal complaints under Section 208 of the
       Communications Act (Act);^ and (b) pole attachment complaints under
       Section 224 of the Act.^ Because the changes we adopt here modify
       existing agency procedural rules, they are exempt from the notice and
       comment requirements of the Administrative Procedure Act.^

   II. background

    3. In 1998, the Commission amended its rules to permit electronic filing
       in certain proceedings, noting that it would "evaluate the new rules
       and assess the operation of the system as we gain experience to
       determine . . . whether it is feasible to expand further the
       applicability of the [ECFS] system beyond rulemaking-related
       proceedings and possibly ultimately to require electronic filing."^
       In 2011, the Commission released a Report and Order revising Part 1
       and Part 0 of its rules.^ One aspect of the Part 1 Order was a
       decision to modify procedural rules to enhance openness and
       transparency of agency proceedings.^ Specifically, the Part I Order
       required increased use of electronic docketing, electronic filing of
       pleadings, and electronic notification to parties about developments
       in proceedings.^ The Part 1 Order directed the Enforcement Bureau to
       implement electronic docketing and filing in "[n]ewly filed section
       208 formal common carrier complaints ^ and newly filed section 224
       pole attachment complaints."^

    4. During the transition to a comprehensive docketing regime, the Part 1
       Order permitted 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
       stated that, during the transition to a comprehensive electronic
       filing regime, Bureaus could permit paper filings if doing so would be
       in the public interest.^ Accordingly, the Enforcement Bureau issued a
       Public Notice on May 31, 2011, advising that, although it would be
       migrating newly filed Section 208 formal complaints and newly filed
       Section 224 pole attachment complaints to a formal docketing system
       utilizing ECFS, it first had to modify certain aspects of the
       Commission's rules.^

    5. This Order fulfills the mandates of the Part 1 Order by implementing
       procedures to facilitate docketing and electronic filing in Section
       208 formal complaint proceedings and Section 224 pole attachment
       complaint proceedings.^ The rule changes apply to both complaints
       filed after the effective date of these rules, and to new filings made
       in existing proceedings.^

   III. DISCUSSION

    6. Currently, parties to proceedings involving Section 208 formal
       complaints and Section 224 complaints must file hard-copy pleadings
       with the Office of the Secretary. Although members of the public may
       obtain copies of the pleadings from the Commission's Reference
       Information Center, there is no way to search for or view pleadings
       online. Today's actions modernize and reform these existing
       procedures.

    7. Specifically, in order to facilitate electronic filing of new Section
       208 formal complaints and Section 224 complaints, we have established
       within ECFS a "Submit a Non-Docketed Filing" module that facilitates
       filing of such applications into a single docket where all such
       complaints must be filed. We employ this mechanism because staff must
       review a complaint for conformance with the Commission's rules before
       the matter can receive its own unique ECFS docket number.

    8. When filing a Section 208 formal complaint or Section 224 complaint,
       as of the effective date of this Order, the complainant will be
       required to select either "Section 208 Complaint: Restricted
       Proceedings" or "Section 224 Pole Attachment Complaint: Restricted
       Proceedings" from the "Submit a Non-Docketed Filing" module of ECFS.^
       However, when using ECFS to initiate new proceedings under Sections
       208 or 224, a complainant no longer will have to file its complaint in
       any manner with the Office of the Secretary.^

    9. EB staff will review new Section 208 formal complaints and Section 224
       complaints for conformance with procedural rules (including fee
       payment, as appropriate).^ As of the effective date of this Order,
       complainants no longer will submit a hard copy of the complaint with
       the fee payment as described in rule 1.1106.^ Instead, complainants
       must first transmit the complaint filing fee to the designated payment
       center and then file the complaint electronically using ECFS.
       Complainants may transmit the complaint filing fee via check, wire
       transfer, or electronically using the Commission's Fee Filer System
       (Fee Filer).

   10. Assuming a complaint satisfies this initial procedural review, EB
       staff then will assign an EB file number to the complaint, give the
       complaint its own case-specific ECFS docket number, and enter both the
       EB file number and ECFS docket number into ECFS. At that time, EB
       staff will post a Notice of Complaint Letter in the case-specific ECFS
       docket and transmit the letter (and the complaint) via e-mail to the
       defendant. On the other hand, if a filed complaint does not comply
       with the Commission's procedural rules, EB staff will serve a
       rejection letter on the complainant and post the rejection letter and
       related correspondence in ECFS. Importantly, the rejection letter will
       not preclude the complainant from curing the procedural infirmities
       and refiling the complaint. EB staff will not assign an EB file number
       or a separate ECFS docket number to a rejected complaint, but
       interested persons can locate the rejected complaint by searching for
       party names, dates, rule citation, or other relevant ECFS search
       criteria.

   11. Upon the effective date of this Order, all pleadings, attachments,
       exhibits, and other documents in Section 208 formal complaint and
       Section 224 complaint proceedings must be filed using ECFS, both in
       cases where the complaint was initially filed in ECFS and in pending
       cases filed under the old rules.^ With respect to complaints filed
       prior to the effective date of this Order, EB staff will assign an
       individual ECFS docket number to each existing proceeding and notify
       existing parties by letter of this new ECFS number. This ECFS docket
       number will be in addition to the previously-assigned number. The
       first step in using ECFS is to input the individual case's ECFS docket
       number or EB File number. The new rules allow parties to serve
       post-complaint submissions on opposing parties via email without
       following up by regular U.S. mail.^ However, parties must provide hard
       copies of submissions to staff in the Market Disputes Resolution
       Division (MDRD) upon request.^

   12. Consistent with existing Commission electronic filing guidelines,^ any
       party asserting that materials filed in a Section 208 formal complaint
       or Section 224 pole attachment complaint proceeding are proprietary
       must file with the Commission, using ECFS, a public version of the
       materials with any proprietary information redacted.^ The party also
       must file with the Secretary's Office an unredacted hard copy version
       that contains the proprietary information and clearly marks each page,
       or portion thereof, using bolded brackets, highlighting, or other
       distinct markings that identify the sections of the filing for which a
       proprietary designation is claimed.^ Each page of the redacted and
       unredacted versions must be clearly identified as the "Public Version"
       or the "Confidential Version," respectively.^ Both versions must be
       served on the same day.^ These procedures apply regardless of whether
       the parties file materials in a Section 208 formal complaint or
       Section 224 pole attachment complaint.^

   13. Section 208 formal complaint and Section 224 pole attachment complaint
       proceedings are restricted for purposes of the ex parte rules.^ The
       rule changes in this Order do not affect the restricted status of the
       complaint proceedings.

   14. Finally, we take this opportunity to make minor editorial changes to
       certain of the Commission's Section 208 formal complaint and Section
       224 pole attachment complaint rules to bring them more in line with
       the Part 1 Order and the electronic age. For example, the revisions
       provide for email service and filing and eliminate filing requirements
       rendered unnecessary as a result of those measures. Moreover, we take
       steps to make the complaint rules uniform and to correct inadvertent
       omissions and typographical errors.^ Consistent with the
       Administrative Procedure Act, we adopt these changes without notice
       and comment.^

   15. The attached Appendix contains the amendments to the rules. The
       revised rules, and the requirement that these types of filings be
       submitted electronically, will take effect 30 days after publication
       in the Federal Register.

   16. We believe, however, that it would serve the public interest to allow
       filings in these types of proceedings to be made in accordance with
       this order as soon as possible, without waiting until the rules become
       effective. Therefore, effective 10 days after release of this Order,
       we waive our existing rules to the extent that they might prohibit
       such electronic filing, subject to the availability of such
       capabilities in ECFS. The Commission may suspend, revoke, amend, or
       waive its rules at any time for good cause shown.^ The Commission may
       exercise its discretion to waive a rule where the particular facts
       make strict compliance inconsistent with the public interest.^ This
       waiver serves the public interest by allowing the benefits of
       electronic filing to be realized immediately by the public, by
       Commission staff, and by those parties who choose to use it. It will
       also allow for a transition period during which electronic filing,
       though not yet mandatory, will be permitted, which should benefit both
       the Enforcement Bureau and parties by helping to identify any
       unforeseen difficulties.

   IV. PROCEDURAL MATTERS

   17. Regulatory Flexibility Act. The actions taken in this Order do not
       require notice and comment,^ and therefore fall outside the Regulatory
       Flexibility Act of 1980, as amended.^ We nonetheless anticipate that
       the rules we adopt today will not have a significant economic impact
       on a substantial number of small entities. As described above, the
       rules relate to our internal procedures and do not impose new
       substantive responsibilities on regulated entities. There is no reason
       to believe that operation of the revised rules will impose significant
       costs on parties to Commission proceedings. To the contrary, we take
       today's actions with the expectation that, overall, they will make
       dealings with the Commission quicker, easier, and less costly for
       entities of all sizes.

   18. Paperwork Reduction Act. Although the rule sections affected by this
       proceeding have information collections associated with them, the
       Office of Management and Budget has determined that, under the
       Paperwork Reduction Act of 1995,^ these changes are not substantive in
       nature and will not result in any new or modified information
       collections.

   V. ORDERING CLAUSE

   19. ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i), 4(j), 208, and
       224 of the Communications Act of 1934, as amended, 47 U.S.C. SS
       154(i), 154(j), 208, 224, that the rules set forth in the attached
       Appendix ARE ADOPTED, effective 30 days after publication in the
       Federal Register.

   20. IT IS FURTHER ORDERED, pursuant to Sections 4(i), 4(j), 208, and 224
       of the Communications Act of 1934, as amended, 47 U.S.C. SS 154(i),
       154(j), 208, 224, and section 1.3 of the Commission's rules, 47 C.F.R.
       S 1.3, that, effective upon release of this Order, sections 1.720,
       1.721, 1.727, 1.731, 1.732, 1.733, 1.734, 1.735, 1.1403, 1.1404, and
       1.1408 of the Commission's rules, 47 C.F.R. SS 1.720, 1.721, 1.727,
       1.731, 1.732, 1.733, 1.734, 1.735, 1.1403, 1.1404, 1.1408, are WAIVED
       to the extent necessary to permit online electronic filing in
       accordance with the processes discussed in this Order. This waiver
       shall be effective ten days after release of this Order and until the
       effective date of the rule changes ordered in the previous paragraph.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

                                    APPENDIX

                                  Final Rules

   For the reasons discussed in this Order, the Federal Communications
   Commission amends 47 C.F.R. Part 1 of the Commission's Rules as follows:

   Part 1 - PRACTICE AND PROCEDURE

   1. Section 1.720 is amended by revising paragraph (j) to read as follows:

   S 1.720 General pleading requirements.

   * * * * *

   (j) Pleadings shall identify the name, address, telephone number, and
   email address for either the filing party's attorney or, where a party is
   not represented by an attorney, the filing party.

   2. Section 1.721 is amended by revising subparagraphs (a)(3) and (a)(5) to
   read as follows:

   S 1.721 Format and content of complaints.

   (a) * * * * *

   (3) The name, address, telephone number, and email address of
   complainant's attorney, if represented by counsel;

   * * * * *

   (5) * * * Assertions based on information and belief are expressly
   prohibited unless made in good faith and accompanied by an affidavit
   explaining the basis for the complainant's belief and why the complainant
   could not reasonably ascertain the facts from the defendant or any other
   source;

   3. Section 1.727 is amended by deleting former paragraphs (c)-(d) and
   renumbering former paragraphs (e)-(h) as (c)-(f) so that the paragraphs of
   this rule section are numbered to read as follows:

   S 1.727   Motions.

   (a) A request to the Commission for an order shall be by written motion,
   stating with particularity the grounds and authority therefor, and setting
   forth the relief or order sought.

   (b) All dispositive motions shall contain proposed findings of fact and
   conclusions of law, with supporting legal analysis, relevant to the
   contents of the pleading. Motions to compel discovery must contain a
   certification by the moving party that a good faith attempt to resolve the
   dispute was made prior to filing the motion. All facts relied upon in
   motions must be supported by documentation or affidavits pursuant to the
   requirements of S1.720(c), except for those facts of which official notice
   may be taken.

   (c) Oppositions to motions may be filed and served within five business
   days after the motion is filed and served and not after. Oppositions shall
   be limited to the specific issues and allegations contained in such
   motion; when a motion is incorporated in an answer to a complaint, the
   opposition to such motion shall not address any issues presented in the
   answer that are not also specifically raised in the motion. Failure to
   oppose any motion may constitute grounds for granting of the motion.

   (d) No reply may be filed to an opposition to a motion.

   (e) Motions seeking an order that the allegations in the complaint be made
   more definite and certain are prohibited.

   (f) Amendments or supplements to complaints to add new claims or requests
   for relief are prohibited. Parties are responsible, however, for the
   continuing accuracy and completeness of all information and supporting
   authority furnished in a pending complaint proceeding as required under
   S1.720(g).

   4. Section 1.731 is amended by revising paragraph (a) and placing part of
   the existing language into a newly created subpart (a)(1), consolidating
   1.732(e) into 1.731(a), and adding new subparagraphs (a)(2)-(3) and (c) to
   read as follows:

   S 1.731 Confidentiality of information produced or exchanged.

   (a) Any materials generated in the course of a formal complaint proceeding
   may be designated as proprietary by either party to the proceeding or a
   third party if the party believes in good faith that the materials fall
   within an exemption to disclosure contained in the Freedom of Information
   Act (FOIA), 5 U.S.C. S 552(b)(1)-(9). Any party asserting confidentiality
   for such materials must:

   (1) Clearly mark each page, or portion thereof, for which a proprietary
   designation is claimed. If a proprietary designation is challenged, the
   party claiming confidentiality shall have the burden of demonstrating, by
   a preponderance of the evidence, that the materials designated as
   proprietary fall under the standards for nondisclosure enunciated in the
   FOIA.

   (2) File with the Commission, using the Commission's Electronic Comment
   Filing System, a public version of the materials that redacts any
   proprietary information and clearly marks each page of the redacted public
   version with a header stating "Public Version." The redacted document
   shall be machine-readable whenever technically possible. Where the
   document to be filed electronically contains metadata that is confidential
   or protected from disclosure by a legal privilege (including, for example,
   the attorney-client privilege), the filer may remove such metadata from
   the document before filing it electronically.

   (3) File with the Secretary's Office an unredacted hard copy version of
   the materials that contains the proprietary information and clearly marks
   each page of the unredacted confidential version with a header stating
   "Confidential Version." The unredacted version must be filed on the same
   day as the redacted version.

   (4) Serve one hard copy of the filed unredacted materials and one hard
   copy of the filed redacted materials on the attorney of record for each
   party to the proceeding, or, where a party is not represented by an
   attorney, each party to the proceeding either by hand delivery, overnight
   delivery, or email, together with a proof of such service in accordance
   with the requirements of SS 1.47(g) and 1.735(f)(1)-(3);

   (b) Except as provided in paragraph (c) of this section, materials marked
   as proprietary may be disclosed solely to the following persons, only for
   use in prosecuting or defending a party to the complaint action, and only
   to the extent necessary to assist in the prosecution or defense of the
   case:

   (1) Counsel of record representing the parties in the complaint action and
   any support personnel employed by such attorneys;

   (2) Officers or employees of the opposing party who are named by the
   opposing party as being directly involved in the prosecution or defense of
   the case;

   (3) Consultants or expert witnesses retained by the parties;

   (4) The Commission and its staff; and

   (5) Court reporters and stenographers in accordance with the terms and
   conditions of this section.

   (c) The Commission will entertain, subject to a proper showing under S
   0.459, a party's request to further restrict individuals' access to
   proprietary information. Pursuant to S 0.459, the other parties will have
   an opportunity to respond to such requests. Requests and responses to
   requests may not be submitted by means of the Commission's Electronic
   Comment Filing System but instead must be filed under seal with the Office
   of the Secretary.

   (d) The individuals identified above in paragraph (b)(1)-(3) shall not
   disclose information designated as proprietary to any person who is not
   authorized under this section to receive such information, and shall not
   use the information in any activity or function other than the prosecution
   or defense in the case before the Commission. Each individual who is
   provided access to the information shall sign a notarized statement
   affirmatively stating that the individual has personally reviewed the
   Commission's rules and understands the limitations they impose on the
   signing party.

   (e) No copies of materials marked proprietary may be made except copies to
   be used by persons designated in paragraphs (b)(1)-(3) and (c) of this
   section. Each party shall maintain a log recording the number of copies
   made of all proprietary material and the persons to whom the copies have
   been provided.

   (f) Upon termination of the formal complaint proceeding, including all
   appeals and petitions, all originals and reproductions of any proprietary
   materials, along with the log recording persons who received copies of
   such materials, shall be provided to the producing party. In addition,
   upon final termination of the proceeding, any notes or other work product
   derived in whole or in part from the proprietary materials of an opposing
   or third party shall be destroyed.

   5. Section 1.732 is amended by deleting former paragraph (e) and
   renumbering former paragraphs (f)-(h) as (e)-(g) to read as follows:

   S 1.732 Other Required Written Submissions

   * * * * *

   (e) Initial briefs shall be no longer than twenty-five pages. Reply briefs
   shall be no longer than ten pages. Either on its own motion or upon proper
   motion by a party, the Commission staff may establish other page limits
   for briefs.

   (f) The Commission may require the parties to submit any additional
   information it deems appropriate for a full, fair, and expeditious
   resolution of the proceeding, including affidavits and exhibits.

   (g) The parties shall submit a joint statement of stipulated facts,
   disputed facts, and key legal issues no later than two business days prior
   to the initial status conference, scheduled in accordance with the
   provisions of S 1.733(a).

   6. Section 1.733 is amended by revising subparagraphs (f)(1)-(2) to read
   as follows:

   S 1.733 Status conference.

   * * * * *

   (f) The parties in attendance, unless otherwise directed, shall either:

   (1) Submit a joint proposed order memorializing the oral rulings made
   during the conference to the Commission by midnight, Eastern Time, on the
   business day following the date of the status conference, or as otherwise
   directed by Commission staff. In the event the parties in attendance
   cannot reach agreement as to the rulings that were made, the joint
   proposed order shall include the rulings on which the parties agree, and
   each party's alternative proposed rulings for those rulings on which they
   cannot agree. Commission staff will review and make revisions, if
   necessary, prior to signing and filing the submission as part of the
   record. The proposed order shall be filed using the Commission's
   Electronic Comment Filing System; or

   (2) Pursuant to the requirements of paragraph (e) of this section, submit
   to the Commission by midnight, Eastern Time, on the third business day
   following the status conference or as otherwise directed by Commission
   staff either:

   7. Section 1.734 is amended by deleting paragraph (d) and revising
   paragraph (c) to read as follows:

   S 1.734 Specifications as to pleadings, briefs, and other documents;
   subscription.

   * * * * *

   (c) The original of all pleadings and other submissions filed by any party
   shall be signed by the party, or by the party's attorney. The signing
   party shall include in the document his or her address, telephone number,
   email address, and the date on which the document was signed. Copies
   should be conformed to the original. Unless specifically required by rule
   or statute, pleadings need not be verified. The signature of an attorney
   or party, in accordance with the requirements of S 1.52, shall be a
   certificate that the attorney or party has read the pleading, motion, or
   other paper; that to the best of his or her knowledge, information, and
   belief formed after reasonable inquiry, it is well grounded in fact and is
   warranted by existing law or a good faith argument for the extension,
   modification, or reversal of existing law; and that it is not interposed
   solely for purposes of delay or for any other improper purpose.

   8. Section 1.735 is amended by revising the title of the rule and
   paragraph (b) including deleting former (b)(1)-(2), deleting former
   paragraph (c); renumbering former paragraphs (d)-(e) as (c)-(d); adding a
   new paragraph (e); and, revising paragraphs (f)-(g) to read as follows:

   S 1.735 Fee remittance; electronic filing; copies; service; separate
   filings against multiple defendants.

   * * * * *

   (b) The complainant shall remit separately the correct fee either by
   check, wire transfer, or electronically, in accordance with part 1,
   subpart G (see S 1.1106) and, shall file an original copy of the
   complaint, using the Commission's Electronic Comment Filing System, and,
   on the same day:

   (1) If the complaint is filed against a carrier concerning matters within
   the responsibility of the International Bureau (see S 0.261 of this
   chapter), serve, by email, a copy on the Chief, Policy Division,
   International Bureau; and

   (2) If a complaint is addressed against multiple defendants, pay a
   separate fee, in accordance with part 1, subpart G (see S 1.1106), for
   each additional defendant.

   (c) The complainant shall serve the complaint by hand delivery on either
   the named defendant or one of the named defendant's registered agents for
   service of process on the same date that the complaint is filed with the
   Commission in accordance with the requirements of paragraph (b) of this
   section.

   (d) Upon receipt of the complaint by the Commission, the Commission shall
   promptly send, by email, to each defendant named in the complaint, notice
   of the filing of the complaint. The Commission shall send, by email, to
   each defendant named in the complaint, a copy of the complaint. The
   Commission shall additionally send, by email, to all parties, a schedule
   detailing the date the answer and any other applicable pleading will be
   due and the date, time, and location of the initial status conference.

   (e) Parties shall provide hard copies of all submissions to staff in the
   Market Disputes Resolution Division of the Enforcement Bureau upon
   request.

   (f) All subsequent pleadings and briefs filed in any formal complaint
   proceeding, as well as all letters, documents, or other written
   submissions, shall be filed using the Commission's Electronic Comment
   Filing System. In addition, all pleadings and briefs filed in any formal
   complaint proceeding, as well as all letters, documents, or other written
   submissions, shall be served by the filing party on the attorney of record
   for each party to the proceeding, or, where a party is not represented by
   an attorney, each party to the proceeding either by hand delivery,
   overnight delivery, or email, together with a proof of such service in
   accordance with the requirements of [1]S 1.47(g).

   Service is deemed effective as follows:

   (1) Service by hand delivery that is delivered to the office of the
   recipient by 5:30 pm, local time of the recipient, on a business day will
   be deemed served that day. Service by hand delivery that is delivered to
   the office of the recipient after 5:30 pm, local time of the recipient, on
   a business day will be deemed served on the following business day;

   (2) Service by overnight delivery will be deemed served the business day
   following the day it is accepted for overnight delivery by a reputable
   overnight delivery service; or

   (3) Service by email that is fully transmitted to the office of the
   recipient by 5:30 pm, local time of the recipient, on a business day will
   be deemed served that day. Service by email that is fully transmitted to
   the office of the recipient after 5:30 pm, local time of the recipient, on
   a business day will be deemed served on the following business day.

   (g) Supplemental complaint proceedings. Supplemental complaints filed
   pursuant to S 1.722 shall conform to the requirements set forth in this
   section, except that the complainant need not submit a filing fee, and the
   complainant may effect service pursuant to subsection (e)-(f) of this
   section rather than subsection (c) of this section.

   9. Section 1.1403 is amended by revising paragraph (d) to read as follows:

   S 1.1403 Duty to provide access; modifications; notice of removal,
   increase or modification; petition for temporary stay; and cable operator
   notice.

   * * * * *

   (d) A cable television system operator or telecommunications carrier may
   file a "Petition for Temporary Stay" of the action contained in a notice
   received pursuant to paragraph (c) of this section within 15 days of
   receipt of such notice. Such submission shall not be considered unless it
   includes, in concise terms, the relief sought, the reasons for such
   relief, including a showing of irreparable harm and likely cessation of
   cable television service or telecommunication service, a copy of the
   notice, and certification of service as required by S 1.1404(b). The named
   respondent may file an answer within 7 days of the date the Petition for
   Temporary Stay was filed. No further filings under this section will be
   considered unless requested or authorized by the Commission and no
   extensions of time will be granted unless justified pursuant to S 1.46.

   10. Section 1.1404 is amended by revising paragraph (a) to read as
   follows:

   S 1.1404 Complaint.

   (a) The complaint shall contain the name, address, telephone number, and
   email address of the complainant; name, address, telephone number, and
   email address of the respondent; and a verification (in accordance with
   the requirements of S 1.52), signed by the complainant or officer thereof
   if complainant is a corporation, showing complainant's direct interest in
   the matter complained of. Counsel for the complainant may sign the
   complaint. Complainants may join together to file a joint complaint.
   Complaints filed by associations shall specifically identify each utility,
   cable television system operator, or telecommunications carrier who is a
   party to the complaint and shall be accompanied by a document from each
   identified member certifying that the complaint is being filed on its
   behalf.

   * * * * *

   11. Section 1.1408 is amended by revising the title of the rule and
   paragraph (a) as well as adding new paragraphs (c)-(h) to read as follows:

   S 1.1408 Fee remittance; electronic filing; service; number of copies;
   form of pleadings; and proprietary materials.

   (a) The complainant shall remit separately the correct fee either by
   check, wire transfer, or electronically, in accordance with part 1,
   subpart G (see S 1.1106) and, shall file an original copy of the
   complaint, using the Commission's Electronic Comment Filing System. The
   original of the response and reply, as well as all other written
   submissions, shall be filed with the Commission using the Commission's
   Electronic Comment Filing System. Service must be made in accordance with
   the requirements of SS 1.735(b)-(c) and (e)-(f).

   (b) All papers filed in the complaint proceeding must be drawn in
   conformity with the requirements of SS1.49, 1.50 and 1.52.

   (c) Any materials generated in the course of a pole attachment complaint
   proceeding may be designated as proprietary by either party to the
   proceeding or a third party if the party believes in good faith that the
   materials fall within an exemption to disclosure contained in the Freedom
   of Information Act (FOIA), 5 U.S.C. S 552(b) (1)-(9). Any party asserting
   confidentiality for such materials must:

   (1) Clearly mark each page, or portion thereof, for which a proprietary
   designation is claimed. If a proprietary designation is challenged, the
   party claiming confidentiality shall have the burden of demonstrating, by
   a preponderance of the evidence, that the materials designated as
   proprietary fall under the standards for nondisclosure enunciated in the
   FOIA.

   (2) File with the Commission, using the Commission's Electronic Comment
   Filing System, a public version of the materials that redacts any
   proprietary information and clearly marks each page of the redacted public
   version with a header stating "Public Version." The redacted document
   shall be machine-readable whenever technically possible. Where the
   document to be filed electronically contains metadata that is confidential
   or protected from disclosure by a legal privilege (including, for example,
   the attorney-client privilege), the filer may remove such metadata from
   the document before filing it electronically.

   (3) File with the Secretary's Office an unredacted hard copy version of
   the materials that contains the proprietary information and clearly marks
   each page of the unredacted confidential version with a header stating
   "Confidential Version." The unredacted version must be filed on the same
   day as the redacted version.

   (4) Serve one hard copy of the filed unredacted materials and one hard
   copy of the filed redacted materials on the attorney of record for each
   party to the proceeding, or, where a party is not represented by an
   attorney, each party to the proceeding either by hand delivery, overnight
   delivery, or email, together with a proof of such service in accordance
   with the requirements of SS 1.47(g) and 1.735(f)(1)-(3);

   (d) Except as provided in paragraph (e) of this section, materials marked
   as proprietary may be disclosed solely to the following persons, only for
   use in prosecuting or defending a party to the complaint action, and only
   to the extent necessary to assist in the prosecution or defense of the
   case:

   (1) Counsel of record representing the parties in the complaint action and
   any support personnel employed by such attorneys;

   (2) Officers or employees of the opposing party who are named by the
   opposing party as being directly involved in the prosecution or defense of
   the case;

   (3) Consultants or expert witnesses retained by the parties;

   (4) The Commission and its staff; and

   (5) Court reporters and stenographers in accordance with the terms and
   conditions of this section.

   (e) The Commission will entertain, subject to a proper showing under S
   0.459, a party's request to further restrict access to proprietary
   information. Pursuant to S 0.459, the other parties will have an
   opportunity to respond to such requests. Requests and responses to
   requests may not be submitted by means of the Commission's Electronic
   Comment Filing System but instead must be filed under seal with the Office
   of the Secretary.

   (f) The individuals identified above in paragraph (d)(1)-(3) shall not
   disclose information designated as proprietary to any person who is not
   authorized under this section to receive such information, and shall not
   use the information in any activity or function other than the prosecution
   or defense in the case before the Commission. Each individual who is
   provided access to the information shall sign a notarized statement
   affirmatively stating that the individual has personally reviewed the
   Commission's rules and understands the limitations they impose on the
   signing party.

   (g) No copies of materials marked proprietary may be made except copies to
   be used by persons designated in paragraphs (d) and (e) of this section.
   Each party shall maintain a log recording the number of copies made of all
   proprietary material and the persons to whom the copies have been
   provided.

   (h) Upon termination of the pole attachment complaint proceeding,
   including all appeals and petitions, all originals and reproductions of
   any proprietary materials, along with the log recording persons who
   received copies of such materials, shall be provided to the producing
   party. In addition, upon final termination of the proceeding, any notes or
   other work product derived in whole or in part from the proprietary
   materials of an opposing or third party shall be destroyed.

   ^ 47 U.S.C. S 208 (authorizing complaints regarding "anything done or
   omitted to be done by any common carrier subject to this Act, in
   contravention of the provisions thereof").

   ^ Id. S 224(b) (authorizing complaints concerning "rates, terms, and
   conditions" for attachments by a cable television system or provider of
   telecommunications service to a pole, duct, conduit, or right-of-way owned
   or controlled by a utility"). The procedural rules for formal complaints
   under Section 208 differ from those for pole attachment complaints under
   Section 224. Compare 47 C.F.R. SS 1.720-1.736 with 47 C.F.R. SS
   1.1401-1.1424.

   ^ 5 U.S.C. S 553(b) (stating that notice and comment requirements do not
   apply to rules of agency procedure). See Amendment of Certain of the
   Commission's Part 1 Rules of Practice and Procedure and Part 0 Rules of
   Commission Organization, Notice of Proposed Rulemaking, 25 FCC Rcd 2430,
   2430, para. 1 n.1; 2434, para. 11 n.15; 2436, para. 16 n.23 (2010);
   Amendment of Certain of the Commission's Part 1 Rules of Practice and
   Procedure and Part 0 Rules of Commission Organization, Report and Order,
   26 FCC Rcd 1594, 1598, para. 10 n.23; 1600, para. 15 n.44 (2011) (Part 1
   Order) (noting that notice and comment would not be required for these
   procedural changes).

   ^ Electronic Filing of Documents in Rulemaking Proceedings,  Report and
   Order, 13 FCC Rcd 11322, 11322, para. 1 (1998).

   ^ See Part 1 Order, 26 FCC Rcd 1594.

   ^ Id. at 1594, para. 2.

   ^ Id. at 1594, paras. 1, 4.

   ^ Id. at 1599-1600, para. 15.

   ^ Id. at 1598, para. 10.

   ^ Id. at 1600, para. 15.

   ^ Electronic Filing of Section 208 and Section 224 Formal Complaints,
   Public Notice, 26 FCC Rcd 7746 (Enf. Bur. 2011).

   ^ Because complaints alleging violations of the data roaming rules are
   filed pursuant to the procedures in sections 1.720-1.735 of the
   Commission's rules, 47 C.F.R. SS 1.720-1.735, they are encompassed by this
   Order. See 47 C.F.R. S 20.12(e)(2).

   ^ All previously-filed pleadings in existing proceedings will remain in
   paper format and are available for viewing at the Commission's Reference
   Information Center. Paragraph 11, infra, discusses the procedure following
   the effective date of these rules for filing pleadings electronically in
   proceedings that were instituted by a paper complaint. These rule changes
   do not apply to Section 208 informal complaint proceedings. See 47 C.F.R.
   SS 1.716-1.718.

   ^ The Commission may make available other capabilities of ECFS to
   streamline this process. All electronic filings must be machine-readable,
   and files containing text must be formatted to allow electronic searching
   and/or copying (e.g., in Microsoft Word or PDF format). Non-text filings
   (e.g., Microsoft Excel) must be submitted in native format. Be certain
   that filings submitted in .pdf or comparable format are not locked or
   password-protected. If those restrictions are present (e.g., a document is
   locked), the ECFS system may reject the filing, and a party will need to
   resubmit its document within the filing deadline. The Commission will
   consider granting waivers to this electronic filing requirement only in
   exceptional circumstances. See Part 1 Order, 26 FCC Rcd at 1602, para. 20
   & n.61 (citing Amendment of the Commission's Ex Parte Rules and Other
   Procedural Rules, Report and Order and Further Notice of Proposed
   Rulemaking, 26 FCC Rcd 4517, 4531-32, para. 55 (2011) (Ex Parte Reform
   Order)).

   ^ See infra Appendix (detailing revisions to 47 C.F.R. SS 1.735(b);
   1.1408(a)).

   ^ Complainants must remit filing fees for complaints in accordance with 47
   C.F.R. S 1.1106.

   ^ See 47 C.F.R. S 1.1106.

   ^ See infra Appendix (detailing revisions to 47 C.F.R. SS 1.735(f);
   1.1408(a)).

   ^ See infra Appendix (detailing revisions to 47 C.F.R. SS 1.735(f);
   1.1408(a)). Parties using email service should be mindful that the
   Commission's or the opposing party's computer server may reject email
   attachments that are too large.

   ^ See, e.g., Appendix (detailing revisions to 47 C.F.R. SS 1.735(e)-(f);
   1.1408(a)).

   ^ See 47 C.F.R. S 0.459(a)(2).

   ^ See infra Appendix (detailing revisions to 47 C.F.R. SS 1.731(a);
   1.1408(c)). The revisions modify the rules for filing requests for the
   confidential treatment of proprietary information so that the two sets of
   rules are uniform, consolidated, and consistent with the Commission's
   e-filing practices.

   ^ See infra Appendix (detailing revisions to 47 C.F.R. SS 1.731(a);
   1.1408(c)). Filers must ensure that proprietary information has been
   properly redacted and thus is not viewable. If a filer inadvertently
   discloses proprietary information, the Commission will not be responsible
   for that disclosure. Part 1 Order, 26 FCC Rcd at 1600, para. 17 n.49.

   ^ See infra Appendix (detailing revisions to 47 C.F.R. SS 1.731(a);
   1.1408(c)).

   ^ See infra Appendix (detailing revisions to 47 C.F.R. SS 1.731(a)(3);
   1.1408(c)(3)).

   ^ The existing filing rules for these two types of proceedings are
   inconsistent and/or missing necessary requirements. We accordingly revise
   them to be uniform.

   ^ See 47 C.F.R. S 1.1208 (establishing the prohibition against ex parte
   presentations in restricted proceedings).

   ^ See infra Appendix (detailing revisions to 47 C.F.R. SS 1.720(j),
   1.734(c), 1.735(d)-(f) (eliminating fax transmission as a contact
   requirement and as a means of service); 1.721(a)(3), 1.1404(a) (adding
   requirement that complainants include email address in their contact
   information); 1.727(c)-(d) (eliminating requirement that a moving party
   submit a proposed order for adoption with a motion); 1.731(a),
   1.1408(c)-(i) (adding requirement for redactions as well as creating
   uniformity among confidential filing rules); 1.734(d) (eliminating
   requirement that a moving party submit a proposed order when filing a
   motion or opposition thereto); 1.735(b)(1)-(b)(2), 1.735(e) (modifying the
   service requirements for Section 208 complaints); 1.735(c) (eliminating
   requirement that parties file additional copies of pleadings in cases
   involving multiple defendants); 1.735(d) (changing to email the manner in
   which the Commission serves notices of complaints and scheduling
   information)).

   ^ See 5 U.S.C. S 553(b); Part 1 Order, 26 FCC Rcd at 1598, para. 10 n.23;
   1600, para. 15 n.44.

   ^ 47 C.F.R. S 1.3.

   ^ Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir.
   1990).

   ^ See supra nn.26, 27.

   ^ See 5 U.S.C. SS 601(2); 603(a).

   ^ Pub. L. No. 104-13, 109 Stat. 163 (1995) (codified at 44 U.S.C. SS 3501
   et seq.).

   Federal Communications Commission FCC 14-179

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   Federal Communications Commission FCC 14-179

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References

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