§  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. In addition, this rule section
   prescribes the method for computing the amount of time within which the
   Commission must act in response to deadlines established by statute, a
   Commission rule, or Commission order.

   (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 §  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
   §  1.4(b)(4) of this section for a description of the “Public Notice”
   document. Unless otherwise provided in §  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 §  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 the Federal Register, including
   summaries thereof, the date of publication in the Federal 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
   §  1.4(b)(2).

   Example 1: A document in a Commission rule making proceeding is
   published in the   Federal Register   on 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 the Federal 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 the
   Federal Register. Public notice of the filing of a petition for
   reconsideration is published in the   Federal Register   on 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 the   Federal Register   and the
   Commission so states in its decision, the date of public notice will
   commence on the day of the   Federal Register   publication date. If
   the decision fails to specify   Federal Register   publication, the
   date of public notice will commence on the release date, even if the
   document is subsequently published in the Federal 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 the   Federal Register
   on Friday, April 10, 1987. If the decision itself specifies
   Federal Register   publication, the date of public notice is Friday,
   April 10, 1987. If this decision does not specify   Federal Register
   publication, 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 the   Federal Register   nor
   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 §  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 §  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 §  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 of   Federal Register   publication. 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 the Federal Register, the first day to
   be counted is the day after the date of the   Federal Register
   publication. Accordingly, if the   Federal Register   document 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
   Headquarters are closed and not reopened prior to 5:30 p.m., or on
   which a Commission office aside from Headquarters is closed (but, in
   that situation, the holiday will apply only to filings with that
   particular office). For example, a regularly scheduled Commission
   business day may become a holiday with respect to the entire Commission
   if Headquarters is closed prior to 5:30 p.m. due to adverse weather,
   emergency or other closing. Additionally, a regularly scheduled
   Commission business day may become a holiday with respect to a
   particular Commission office aside from Headquarters if that office is
   closed prior to 5:30 p.m. due to similar circumstances.

   Note to paragraph ( e )(1): 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 §  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 §  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 445 12th Street, SW., Washington, DC 20554.
   The Secretary will determine whether a tendered document meets the
   pre-7:00 p.m. deadline. Documents filed electronically pursuant to
   §  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
   §  1.939(b) must be received before midnight on the filing date. Media
   Bureau applications and reports filed electronically pursuant to
   §  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., § §  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 §  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 §  1.89, §  1.315(b) or
   §  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, §  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, §  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. §  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. If a rule or order
   of the Commission specifies that the Commission must act by a certain
   date and that date falls on a holiday, the Commission action must be
   taken by the next business day.

   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.,§ §  1.45(d), 1.773(a)(3) and 1.773(b)(2). Additionally, where
   §  76.1502(e) of this chapter conflicts with this section, those
   specific provisions of §  76.1502 are controlling. See e.g. 47 CFR
   76.1502(e).

   (l) When Commission action is required by statute to be taken by a date
   that falls on a holiday, such action may be taken by the next business
   day (unless the statute provides otherwise).

   [ 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;  74 FR 68544 , Dec. 28, 2009;  76 FR 24390 , May 2, 2011;  76 FR 70908 , Nov. 16, 2011]

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