Goto Section: 1.3 | 1.5 | Table of Contents
FCC 1.4
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 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, 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 Sec. 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 Sec. 1.4(b)(4) of this section for a
description of the “Public Notice” document. Unless otherwise provided in
Sec. 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 Sec. 1.4(e)(1) of this section for
definition of “holiday.”
(1) For all documents in notice and comment and non-notice and comment
rulemaking proceedings required by the Administrative Procedure Act, 5
U.S.C. 552, 553, to be published in theFederal Register,including summaries
thereof, the date of publication in theFederal Register.
Note to paragraph(b)(1): Licensing and other adjudicatory decisions with
respect to specific parties that may be associated with or contained in
rulemaking documents are governed by the provisions of Sec. 1.4(b)(2).
Example 1: A document in a Commission rule making proceeding is published
in theFederal Registeron 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 theFederal 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 theFederal Register.Public
notice of the filing of a petition for reconsideration is published in
theFederal Registeron 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,
including the Commission's section 271 determinations, 47 U.S.C. 271, the
release date.
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 theFederal Registerand the Commission so
states in its decision, the date of public notice will commence on the day
of theFederal Registerpublication date. If the decision fails to
specifyFederal Registerpublication, the date of public notice will commence
on the release date, even if the document is subsequently published in
theFederal 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 theFederal Registeron Friday,
April 10, 1987. If the decision itself specifiesFederal Registerpublication,
the date of public notice is Friday, April 10, 1987. If this decision does
not specifyFederal Registerpublication, 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 theFederal Registernor 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 Sec. 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 Sec. 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 Sec. 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
ofFederal Registerpublication. 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
theFederal Register,the first day to be counted is the day after the date of
theFederal Registerpublication. Accordingly, if theFederal Registerdocument
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 Sec. 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 Sec. 0.401(b) of this chapter, all petitions,
pleadings, tariffs or other documents not required to be accompanied by a
fee and which are hand-delivered must be tendered for filing in complete
form, as directed by the Rules, with the Office of the Secretary before 7
p.m., at 236 Massachusetts Ave, NE., Washington, DC 20002. The Secretary
will determine whether a tendered document meets the pre-7:00 p.m. deadline.
Documents filed electronically pursuant to Sec. 1.49(f) must be received by the
Commission's electronic filing system before midnight. Applications,
attachments and pleadings filed electronically in the Universal Licensing
System (ULS) pursuant to Sec. 1.939(b) must be received before midnight on the
filing date. Media Bureau applications and reports filed electronically
pursuant to Sec. 73.3500 of this chapter must be received by the electronic
filing system before midnight on the filing date.
(g) Unless otherwise provided (e.g., Sec. Sec. 1.773 and 76.1502(e)(1) of this
chapter), if the filing period is less than 7 days, intermediate holidays
shall not be counted in determining the filing date.
Example 10: A reply is required to be filed within 5 days after the filing
of an opposition in a license application proceeding. The opposition is
filed on Wednesday, June 10, 1987. The first day to be counted in computing
the 5 day time period is Thursday, June 11, 1987. Saturday and Sunday are
not counted because they are holidays. The document must be filed with the
Commission on or before the following Wednesday, June 17, 1987.
(h) If a document is required to be served upon other parties by statute or
Commission regulation and the document is in fact served by mail (see
Sec. 1.47(f)), and the filing period for a response is 10 days or less, an
additional 3 days (excluding holidays) will be allowed to all parties in the
proceeding for filing a response. This paragraph (h) shall not apply to
documents filed pursuant to Sec. 1.89, Sec. 1.120(d), Sec. 1.315(b) or Sec. 1.316. For
purposes of this paragraph (h) service by facsimile or by electronic means
shall be deemed equivalent to hand delivery.
Example 11: A reply to an opposition for a petition for reconsideration
must be filed within 7 days after the opposition is filed. 47 CFR 1.106(h).
The rules require that the opposition be served on the person seeking
reconsideration. 47 CFR 1.106(g). If the opposition is served on the party
seeking reconsideration by mail and the opposition is filed with the
Commission on Monday, November 9, 1987, the first day to be counted is
Tuesday, November 10, 1987 (the day after the day on which the event
occurred, Sec. 1.4(c)), and the seventh day is Monday, November 16. An
additional 3 days (excluding holidays) is then added at the end of the 7 day
period, and the reply must be filed no later than Thursday, November 19,
1987.
Example 12: Assume that oppositions to a petition in a particular
proceeding are due 10 days after the petition is filed and must be served on
the parties to the proceeding. If the petition is filed on October 28, 1993,
the last day of the filing period for oppositions is Sunday, November 7. If
service is made by mail, the opposition is due three days after November 7,
or Wednesday, November 10.
(i) If both paragraphs (g) and (h) of this section are applicable, make the
paragraph (g) computation before the paragraph (h) computation.
Example 13: Section 1.45(b) requires the filing of replies to oppositions
within five days after the time for filing oppositions has expired. If an
opposition has been filed on the last day of the filing period (Friday, July
10, 1987), and was served on the replying party by mail, Sec. 1.4(i) of this
section specifies that the paragraph (g) computation should be made before
the paragraph (h) computation. Therefore, since the specified filing period
is less than seven days, paragraph (g) is applied first. The first day of
the filing period is Monday, July 13, 1987, and Friday, July 17, 1987 is the
fifth day (the intervening weekend was not counted). Paragraph (h) is then
applied to add three days for mailing (excluding holidays). That period
begins on Monday, July 20, 1987. Therefore, Wednesday, July 22, 1987, is the
date by which replies must be filed, since the intervening weekend is again
not counted.
(j) Unless otherwise provided (e.g. Sec. 76.1502(e) of this chapter) if, after
making all the computations provided for in this section, the filing date
falls on a holiday, the document shall be filed on the next business day.
See paragraph (e)(1) of this section.
Example 14: The filing date falls on Friday, December 25, 1987. The
document is required to be filed on the next business day, which is Monday,
December 28, 1987.
(k) Where specific provisions of part 1 conflict with this section, those
specific provisions of part 1 are controlling. See, e.g., Sec. Sec. 1.45(d),
1.773(a)(3) and 1.773(b)(2). Additionally, where Sec. 76.1502(e) of this chapter
conflicts with this section, those specific provisions of Sec. 76.1502 are
controlling. See e.g. 47 CFR 76.1502(e).
[ 52 FR 49159 , Dec. 30, 1987; 53 FR 44196 , Nov. 2, 1988, as amended at 56 FR 40567 , 40568, Aug. 15, 1991; 58 FR 17529 , Apr. 5, 1993; 61 FR 11749 , Mar.
22, 1996; 62 FR 26238 , May 13, 1997; 63 FR 24124 , May 1, 1998; 64 FR 27201 ,
May 19, 1999; 64 FR 60725 , Nov. 8, 1999; 65 FR 46109 , July 27, 2000; 67 FR 13223 , Mar. 21, 2002; 71 FR 15618 , Mar. 29, 2006]
Goto Section: 1.3 | 1.5
Goto Year: 2007 |
2009
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