Revisions to Filing and Other Deadlines Following Resumption of Normal FCC Operations

January 17, 2019
By

sbe FCCAs a result of the recent lapse in funding, the Commission suspended most operations from the middle of the day on January 3, 2019, through January 25, 2019, for a total of 23 days.

Among other things, certain electronic filing and database systems were unavailable from January 3, 2019, until January 28, 2019. Other electronic systems, including the Licensing Management System, Consolidated Database System, Electronic Comment Filing System, Universal Licensing System (ULS), and Auction Application System, as well as the Commission’s filing window and mail operations, either were unavailable or were not supported during this period other than for filings necessary for the protection of life and property and for filings related to spectrum action activities authorized by section 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. § 309(j), including the broadcast incentive auction.1 On January 2, 2019, the Commission issued a Public Notice announcing that all filings that would have been due during the suspension of operations or due on the day that normal operations resumed, other than NORS and DIRS filings and filings related to spectrum auction activities authorized by section 309(j) (including the broadcast incentive auction), would become due on the business day following the resumption of normal operations.2 Upon reopening on January 28, 2019, the Commission further suspended all such deadlines, as well as similar deadlines falling on January 29, until January 30, 2019.3 This Public Notice supersedes the January 2 and January 28 Public Notices to the extent that it is inconsistent with any deadlines or time periods set forth therein.

Because parties did not have full access to some electronic systems and databases during the suspension of operations, we have determined to further extend the deadlines for filings according to the following schedule, with the exceptions set forth below. We hereby waive the Commission’s rules to the extent necessary to effectuate this extension. This extension does not apply to NORS and DIRS filings and filings related to spectrum auction activities authorized by section 309(j), including the broadcast incentive auction.  Filings that were due between January 3 and January 7, inclusive, will be due on January 30, 2019.  Filings that would otherwise be required to be filed between January 8 and February 7 will be due for filing on February 8, 2019. While we recognize that the above schedule does not afford an extension of time equal to the length of the shutdown in all cases, we believe these extension periods are reasonable under the circumstances, including the fact that many electronic systems remained available to the public during the suspension of operations. Commission staff will consider requests for further extensions in individual matters as appropriate. We are setting filing deadlines different from the general deadlines set forth above in certain proceedings and classes of proceedings. They are: 1. ULS Applications and Notifications. All ULS applications and notifications that were originally due to be filed in accordance with the Commission’s rules (e.g., sections 1.913, 1.946) on January 3, 2019, through and including February 8, 2019, are now due on February 8, 2019. This extension does not apply to filings associated with spectrum auction activities authorized by section 309(j), including the broadcast incentive auction. In addition, all ULS filings that were held during the lapse in funding through January 25, 2019 – as well as any other ULS filings that were held from January 26 through January 29, 2019 – will be considered received on January 29, 2019.5 We note that, due to the large volume of filings submitted during the lapse in funding, these filings will be entered into ULS in batches (and assigned a January 29 receipt date) over a period of a few weeks.

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