§ 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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