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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:

(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

References

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