Sec. 1.5007   Comments.

    (a) Any person wishing to be heard concerning an application for ETC 
status may file comments with the Commission within fifteen (15) days 
from the release date of a public notice regarding the application, or 
such other period of time set by the Commission. Any comments must be 
limited to the adequacy or accuracy of the application.
    (b) Any person who files comments with the Commission must also 
serve copies of all comments on the applicant.
    (c) An applicant has seven (7) days to reply to any comments filed 
regarding the adequacy and accuracy of its application, or such other 
period of time as set by the Commission. Such reply shall be served on 
the commenters.
[ 61 FR 52899 , Oct. 9, 1996;  61 FR 57335 , Nov. 6, 1996]

  Appendix A to Part 1--A Plan of Cooperative Procedure in Matters and 
 Cases Under the Provisions of Section 410 of the Communications Act of 
                                  1934

    (Approved by the Federal Communications Commission October 25, 1938, 
and approved by the National Association of Railroad and Utilities 
Commissioners on November 17, 1938.)

   preliminary statement concerning the purpose and effect of the plan

    Section 410 of the Communications Act of 1934 authorizes cooperation 
between the Federal Communications Commission, hereinafter called the 
Federal Commission, and the State commissions of the several States, in 
the administration of said Act. Subsection (a) authorizes the reference 
of any matter arising in the administration of said Act to a board to be 
composed of a member or members from each of the States in which the 
wire, or radio communication affected by or involved in the proceeding 
takes place, or is proposed. Subsection (b) authorizes conferences by 
the Federal Commission with State commissions regarding the relationship 
between rate structures, accounts,

[[Page 315]]

charges, practices, classifications, and regulations of carriers subject 
to the jurisdiction of such State commissions and of said Federal 
Commission and joint hearings with State commissions in connection with 
any matter with respect to which the Federal Commission is authorized to 
act.
    Obviously, it is impossible to determine in advance what matters 
should be the subject of a conference, what matters should be referred 
to a board, and what matters should be heard at a joint hearing of State 
commissions and the Federal Commission. It is understood, therefore, 
that the Federal Commission or any State commission will freely suggest 
cooperation with respect to any proceedings or matter affecting any 
carrier subject to the jurisdiction of said Federal Commission and of a 
State commission, and concerning which it is believed that cooperation 
will be in the public interest.
    To enable this to be done, whenever a proceeding shall be instituted 
before any commission, Federal or State, in which another commission is 
believed to be interested, notice should be promptly given each such 
interested commission by the commission before which the proceeding has 
been instituted. Inasmuch, however, as failure to give notice as 
contemplated by the provisions of this plan will sometimes occur purely 
through inadvertence, any such failure should not operate to deter any 
commission from suggesting that any such proceeding be made the subject 
matter of cooperative action, if cooperation therein is deemed 
desirable.
    It is understood that each commission whether or not represented in 
the National Association of Railroad and Utilities Commissioners, must 
determine its own course of action with respect to any proceeding in the 
light of the law under which, at any given time, it is called upon to 
act, and must be guided by its own views of public policy; and that no 
action taken by such Association can in any respect prejudice such 
freedom of action. The approval by the Association of this plan of 
cooperative procedure, which was jointly prepared by the Association's 
standing Committee on Cooperation between Federal and State commissions 
and said Federal Commission, is accordingly recommendatory only; but 
such plan is designed to be, and it is believed that it will be, a 
helpful step in the promotion of cooperative relations between the State 
commissions and said Federal Commission.

                   notice of institution of proceeding

    Whenever there shall be instituted before the Federal Commission any 
proceeding involving the rates of any telephone or telegraph carrier, 
the State commissions of the States affected thereby will be notified 
immediately thereof by the Federal Commission, and each notice given a 
State commission will advise such commission that, if it deems the 
proceeding one which should be considered under the cooperative 
provisions of the Act, it should either directly or through the National 
Association of Railroad and Utilities Commissioners, notify the Federal 
Commission as to the nature of its interest in said matter and request a 
conference, the creation of a joint board, or a joint hearing as may be 
desired, indicating its preference and the reasons therefor. Upon 
receipt of such request the Federal Commission will consider the same 
and may confer with the commission making the request and with other 
interested commission, or with representatives of the National 
Association of Railroad and Utilities Commissioners, in such manner as 
may be most suitable; and if cooperation shall appear to be practicable 
and desirable, shall so advise each interested State commission, 
directly, when such cooperation will be by joint conference or by 
reference to a joint board appointed under said sec. 410 (a), and, as 
hereinafter provided, when such cooperation will be by a joint hearing 
under said sec. 410(b).
    Each State commission should in like manner notify the Federal 
Commission of any proceeding instituted before it involving the toll 
telephone rates or the telegraph rates of any carrier subject to the 
jurisdiction of the Federal Commission.

                  procedure governing joint conferences

    The Federal Commission, in accordance with the indicated procedure, 
will confer with any State commission regarding any matter relating to 
the regulation of public utilities subject to the jurisdiction of either 
commission. The commission desiring a conference upon any such matter 
should notify the other without delay, and thereupon the Federal 
Commission will promptly arrange for a conference in which all 
interested State commissions will be invited to be present.

             procedure governing matters referred to a board

    Whenever the Federal Commission, either upon its own motion or upon 
the suggestion of a State commission, or at the request of any 
interested party, shall determine that it is desirable to refer a matter 
arising in the administration of the Communications Act of 1934 to a 
board to be composed of a member or members from the State or States 
affected or to be affected by such matter, the procedure shall be as 
follows:
    The Federal Commission will send a request to each interested State 
commission to nominate a specified number of members to serve on such 
board.
    The representation of each State concerned shall be equal, unless 
one or more of the States affected chooses to waive such right of equal 
representation. When the

[[Page 316]]

member or members of any board have been nominated and appointed, in 
accordance with the provisions of the Communications Act of 1934, the 
Federal Commission will make an order referring the particular matter to 
such board, and such order shall fix the time and place of hearing, 
define the force and effect the action of the board shall have, and the 
manner in which its proceedings shall be conducted. The rules of 
practice and procedure, as from time to time adopted or prescribed by 
the Federal Commission, shall govern such board, as far as applicable.

                   procedure governing joint hearings

    Whenever the Federal Commission, either upon its own motion or upon 
suggestions made by or on behalf of any interested State commission or 
commissions, shall determine that a joint hearing under said sec. 410(b) 
is desirable in connection with any matter pending before said Federal 
Commission, the procedure shall be as follows:
    (a) The Federal Commission will notify the general solicitor of the 
National Association of Railroad and Utilities Commissioners that said 
Association, or, if not more than eight States are within the territory 
affected by the proceeding, the State commissions interested, are 
invited to name Cooperating Commissioners to sit with the Federal 
Commission for the hearing and consideration of said proceeding.
    (b) Upon receipt of any notice from said Federal Commission inviting 
cooperation, if not more than eight States are involved, the general 
solicitor shall at once advise the State commissions of said States, 
they being represented in the membership of the association, of the 
receipt of such notice, and shall request each such commission to give 
advice to him in writing, before a date to be indicated by him in his 
communication requesting such advice (1) whether such commission will 
cooperate in said proceeding, (2) if it will, by what commissioner it 
will be represented therein.
    (c) Upon the basis of replies received, the general solicitor shall 
advise the Federal Commission what States, if any, are desirous of 
making the proceeding cooperative and by what commissioners they will be 
represented, and he shall give like advice to each State commission 
interested therein.
    (d) If more than eight States are interested in the proceeding, 
because within territory for which rates will be under consideration 
therein, the general solicitor shall advise the president of the 
association that the association is invited to name a cooperating 
committee of State commissioners representing the States interested in 
said proceeding.
    The president of the association shall thereupon advise the general 
solicitor in writing (1) whether the invitation is accepted on behalf of 
the association, and (2) the names of commissioners selected to sit as a 
cooperating committee. The president of the association shall have the 
authority to accept or to decline said invitation for the association, 
and to determine the number of commissioners who shall be named on the 
cooperating committee, provided that his action shall be concurred in by 
the chairman of the association's executive committee. In the event of 
any failure of the president of the association and chairman of its 
executive committee to agree, the second vice president of the 
association (or the chairman of its committee on cooperation between 
State and Federal commissions, if there shall be no second vice 
president) shall be consulted, and the majority opinion of the three 
shall prevail. Consultations and expressions of opinion may be by mail 
or telegraph.
    (e) If any proceeding, involving more than eight States, is pending 
before the Federal Commission, in which cooperation has not been invited 
by that Commission, which the association's president and the first and 
second vice presidents, or any two of them, consider should be made a 
cooperating proceeding, they may instruct the general solicitor to 
suggest to the Federal Commission that the proceeding be made a 
cooperative proceeding; and any State commission considering that said 
proceeding should be made cooperative may request the president of the 
association or the chairman of its executive committee to make such 
suggestion after consideration with the executive officers above named. 
If said Federal Commission shall assent to the suggestion, made as 
aforesaid, the president of the association shall have the same 
authority to proceed, and shall proceed in the appointment of a 
cooperating committee, as is provided in other cases involving more than 
eight States, wherein the Federal Commission has invited cooperation, 
and the invitation has been accepted.
    (f) Whenever any case is pending before the Federal Commission 
involving eight States or less, which a commission of any of said States 
considers should be made cooperative, such commission, either directly 
or through the general solicitor of the association, may suggest to the 
Federal Commission that the proceeding be made cooperative. If said 
Federal Commission accedes to such suggestion, it will notify the 
general solicitor of the association to that effect and thereupon the 
general solicitor shall proceed as is provided in such case when the 
invitation has been made by the Federal Commission without State 
commission suggestion.

        appointment of cooperating commissioners by the president

    In the appointment of any cooperating committee, the president of 
the association

[[Page 317]]

shall make appointments only from commissions of the States interested 
in the particular proceeding in which the committee is to serve. He 
shall exercise his best judgment to select cooperating commissioners who 
are especially qualified to serve upon cooperating committees by reason 
of their ability and fitness; and in no case shall he appoint a 
commissioner upon a cooperating committee until he shall have been 
advised by such commissioner that it will be practicable for him to 
attend the hearings in the proceeding in which the committee is to 
serve, including the arguments therein, and the cooperative conferences, 
which may be held following the submission of the proceeding, to an 
extent that will reasonably enable him to be informed upon the issues in 
the proceeding and to form a reasonable judgment in the matters to be 
determined.

                          tenure of cooperators

    (a) No State commissioner shall sit in a cooperative proceeding 
under this plan except a commissioner who has been selected by his 
commission to represent it in a proceeding involving eight States or 
less, or has been selected by the president of the association to sit in 
a case involving more than eight States, in the manner hereinbefore 
provided.
    (b) A commissioner who has been selected, as hereinbefore provided, 
to serve as a member of a cooperating committee in any proceeding, shall 
without further appointment, and without regard to the duration of time 
involved, continue to serve in said proceeding until the final 
disposition thereof, including hearings and conferences after any order 
or reopening, provided that he shall continue to be a State 
commissioner.
    (c) No member of a cooperating committee shall have any right or 
authority to designate another commissioner to serve in his place at any 
hearing or conference in any proceeding in which he has been appointed 
to serve.
    (d) Should a vacancy occur upon any cooperating committee, in a 
proceeding involving more than eight States, by reason of the death of 
any cooperating commissioner, or of his ceasing to be a State 
commissioner, or of other inability to serve, it shall be the duty of 
the president of the association to fill the vacancy by appointment, if, 
after communication with the chairman of the cooperating committee, it 
be deemed necessary to fill such vacancy.
    (e) In the event of any such vacancy occurring upon a cooperating 
committee involving not more than eight States, the vacancy shall be 
filled by the commission from which the vacancy occurs.

cooperating committee to determine respecting any report of statement of 
                              its attitude

    (a) Whenever a cooperating committee shall have concluded its work, 
or shall deem such course advisable, the committee shall consider 
whether it is necessary and desirable to make a report to the interested 
State commissions, and, if it shall determine to make a report, it shall 
cause the same to be distributed through the secretary of the 
association, or through the general solicitor to all interested 
commissions.
    (b) If a report of the Federal Commission will accompany any order 
to be made in said proceeding, the Federal Commission will state therein 
the concurrence or nonconcurrence of said cooperating committee in the 
decision or order of said Federal Commission.

       construction hereof in certain respects expressly provided

    It is understood and provided that no State or States shall be 
deprived of the right of participation and cooperation as hereinbefore 
provided because of nonmembership in the association. With respect to 
any such State or States, all negotiations herein specified to be 
carried on between the Federal Commission and any officer of such 
association shall be conducted by the Federal Commission directly with 
the chairman of the commission of such State or States.
[ 28 FR 12462 , Nov. 22, 1963, as amended at  29 FR 4801 , Apr. 4, 1964]