Federal Communications Commission
News Media Information 202 / 418-0500
445 12th St., S.W.
Washington, D.C. 20554
Released: February 15, 2012
CONSUMER & GOVERNMENTAL AFFAIRS BUREAU SEEKS
COMMENT ON TERMINATION OF CERTAIN PROCEEDINGS AS DORMANT
CG Docket No. 12-39
Comment Date: (30 days after date of publication in the Federal Register).
Reply Comment Date: (45 days after date of publication in the Federal Register).
By this Public Notice, the Consumer & Governmental Affairs Bureau (“CGB”) seeks comment
on whether certain docketed Commission proceedings should be terminated as dormant.
By Report and Order released on February 4, 2011,1 the Commission revised portions of its Part 1
practice and procedural rules and its Part 0 organizational rules to increase the efficiency of Commission
decision-making, modernize the agency’s processes in the digital age and enhance the openness and
transparency of Commission proceedings for practitioners and the public.2 The revised rules delegate
authority to the Chief, CGB to periodically review all open dockets and, in consultation with the
responsible Bureaus or Offices, to identify those dockets that appear to be candidates for termination.3
The Commission stated that these candidates may include dockets in which no further action is required
or contemplated as well as those in which no pleadings or other documents have been filed for several
years,4 but it specified that proceedings in which petitions addressing the merits are pending should not be
terminated, absent the parties’ consent.5 The termination of a dormant proceeding also includes dismissal
as moot of any pending petition, motion, or other request for relief that is procedural in nature or
otherwise does not address the merits of the proceeding.6 Following these procedures, by Order released
on November 1, 2011, CGB terminated, as dormant, 999 docketed proceedings.7
1 Amendment of Certain of the Commission’s Part 1 Rules of Practice and Procedure and Part 0 Rules of
, Report and Order, 26 FCC Rcd 1594 (2011) (“Procedure Order
at 1594-95, para. 1.
at 1604, para. 23.
This Public Notice addresses open proceedings in which no action has been taken or pleading filed since
December 31, 2006. The one exception is WC Docket No. 03-225, in which, on June 2, 2009, Qwest
Communications Company, LLC filed a letter notifying the Commission of its name change, in that and 55 other
ongoing docketed proceedings in which it was a participant. The record in a terminated docket remains part of the
Commission’s official records, and the various pleadings, orders, and other documents in that docket will continue
to be accessible to the public, post-termination.
. at 1604, para. 24.
7 Termination of Certain Proceedings as Dormant
, Order, 26 FCC Rcd 15312 (CGB 2011).
In the Procedure Order
, the Commission directed that a public notice identifying dockets under
consideration for termination and affording interested parties an opportunity to comment should be issued
before any particular proceeding is terminated. To that end, CGB, in coordination with the responsible
Bureaus and Offices, has identified the dockets listed in Attachment A for possible termination.8 By this
Public Notice, CGB hereby seeks comment from interested parties on the possible termination of those
proceedings. To the extent that a particular proceeding includes a petition addressing the merits or other
pending pleadings, a party’s failure to file comments in response to this Public Notice will be construed
as consent to termination of that proceeding. A party aggrieved by a docket termination may file a
petition for reconsideration with CGB or an application for review with the full Commission.9
Comments and Reply Comments.
Pursuant to sections 1.415 and 1.419 of the Commission’s
rules,10 interested parties may file comments and reply comments on or before the dates indicated on the
first page of this document. Comments may be filed using: (1) the Commission’s Electronic Comment
Filing System (ECFS); or (2) by filing paper copies. All filings should reference the docket number of
this proceeding, CG Docket No. 12-39.
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
. Filers should follow the instructions provided on the
website for submitting comments. In completing the transmittal screen, ECFS filers should
include their full name, U.S. Postal Service mailing address, and CG Docket No. 12-39.
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by
first class or overnight U.S. Postal Service mail. All filings must be addressed to the
Commission’s Secretary, Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes or boxes must be
disposed of before
entering the building.
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail to firstname.lastname@example.org
or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
The comments and reply comments filed in response to this Public Notice will be available via
ECFS at: http://fjallfoss.fcc.gov/ecfs2/
; you may search by the docket number (CG Docket No. 12-39).
8 The list of proceedings is sorted by responsible bureau, by date of last filing. This information is also available via
ECFS, in a machine readable format, at: http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-220A2.xls
9 See Procedure Order
, 26 FCC Rcd at 1604, para. 24, n.76.
10 47 C.F.R. §§ 1.415, 1.419.
Comments are also available for public inspection and copying during business hours in the FCC
Reference Information Center, Portals II, 445 12th Street S.W., Room CY-A257, Washington, D.C.
20554. Copies may also be purchased from Best Copy and Printing, Inc., telephone (800) 378-3160,
facsimile (202) 488-5563, e-mail FCC@BCPIWEB.com
Ex Parte Rules
. This proceeding shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte
rules.11 Persons making ex parte
presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte
presentations are reminded that memoranda summarizing the presentation
must: (1) list all persons attending or otherwise participating in the meeting at which the ex parte
presentation was made; and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte
meetings are deemed to be written ex parte
presentations and must be filed
consistent with section 1.1206(b) of the Commission’s rules. In proceedings governed by section 1.49(f)
of the rules or for which the Commission has made available a method of electronic filing, written ex
presentations and memoranda summarizing oral ex parte
presentations, and all attachments thereto,
must be filed through the electronic comment filing system available for that proceeding, and must be
filed in their native format (e.g.
, .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should
familiarize themselves with the Commission’s ex parte
For further information, contact Dorothy Stifflemire of the Consumer &
Governmental Affairs Bureau, at (202) 418-7349, Dorothy.Stifflemire@fcc.gov
By the Chief, Consumer & Governmental Affairs Bureau
– FCC –
47 C.F.R. §§ 1.1200 et seq